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ELEMENTS 


OF 

CIVIL GOVERNMENT 

LOCAL, STATE, AND NATIONAL 


A BRIEF COURSE FOR UNGRADED , GRAMMAR , AND 
HIGH SCHOOLS 


BY 

WILLIAM A/MOWRY, Ph.D. 

Editor of “Education” ; for Twenty Years the Senior Principal of 
the English and Classical School, Providence, R.I.; and 
Author of “Studies in Civil Government” 




,p*RK3ftr Sjc 

SEP 22 1890 • 


SILVER, BURDETT & CO., PUBLISHERS 
New York BOSTON Chicago 

1890 



Copyright, 1890, 

By WILLIAM A. MOWRY, 


Typography by J. S. Cushing & Co.. Boston. 


Presswork by Berwick & Smith, Boston. 



PREFACE. 


One of the most gratifying signs of the times is the 
increasing interest of late manifested in different parts 
of the country in the study of our Civil Government. 
This growing interest is seen in the multiplicity of 
books relating to this subject, its general discussion in 
the daily and weekly press and the monthly and quar¬ 
terly magazines, the formation of Societies for Promoting 
Good Citizenship, and especially in the great increase 
in the introduction of the study of Civil Government 
into the public and private schools, academies, and 
colleges in all parts of the country. It is doubtless 
true to-day that the study is carefully pursued in many 
high, grammar, and ungraded schools in every state in 
the Union. It should be, in every school in the country 
where there are pupils above thirteen years of age. 

Our public school system is maintained upon the 
principle that the safety of free institutions demands 
intelligence on the part of every citizen. If the property 
of the state is to be taxed to educate the children of the 
state, it surely follows of necessity that the principles, 
methods, powers, and duties of the government, and the 
relation of the parts to each other and to the whole, 


3 


4 


PREFACE. 


as well as the duties and privileges of the citizen, 
should be studied in these schools. 

We have many treatises upon the Constitution of 
the United States, and text-books of a higher grade for 
the study of Civil Government in high schools, acad¬ 
emies, and colleges, — books so extended and complete 
that a full year is required to master them; but it is 
everywhere felt that a suitable book is very much 
needed for ungraded and grammar schools, and for high 
schools in the smaller towns and cities, where time 
cannot be found for an extended study of the subject. 
Moreover, it is found that many of the text-books are 
written for older and more mature pupils, thus being 
entirely above the reach of the younger and more im¬ 
mature minds in the schools just mentioned. 

It is the hope of the author that this book will be 
found well adapted for the purpose above indicated. It 
attempts to discuss, in a brief and elementary manner, 
the foundation principles and general facts of our gov¬ 
ernment, local, state, and national, in language easily 
understood by pupils from twelve to sixteen years of 
age, and at the same time without making the silly 
and futile attempt to degrade the dignity of the subject 
to the language and style of the primer, the first or the 
second reader. This subject can scarcely be studied to 
advantage by primary scholars, but it can be pursued 
with entire success by nearly all boys and girls who 
have studied arithmetic to percentage, and who can 
comprehend the good English of a fourth reader. 


PREFACE. 


5 


It is believed that the plan of this elementary treatise 
will commend itself to teachers everywhere. It is 
analytical and topical. It includes, — 

1. Town Governments. 

2. City Governments. 

3. County Governments. 

4. State Governments. 

5. The National Government. 

It introduces the history of the early settlements and 
the colonies, the formation of the state and national 
governments, and the rapid and marvellous growth of 
the republic. 

It gives topical analyses for blackboard work, and 
general outlines for reviews. 

This book is not designed to take the place of the 
author’s “ Studies in Civil Government,” but its purpose 
is to furnish a shorter course, which can be used in 
schools where younger pupils can spend from three to 
six months in the study of an elementary book, but 
would find the larger and more mature treatise too 
extensive and too difficult. 

The author takes this opportunity to express his 
grateful appreciation of the cordial reception and ex¬ 
tended introduction given to his former book, entitled 
“Studies in Civil Government,” which in two years has 
passed through four editions, and is now in extensive 
use in all sections of our common country. That book 
has just been thoroughly revised, and the necessary 


6 


PREFACE. 


changes made to adapt it to the present condition of 
our state and national governments. 

It may not be improper to add that these two books 
have not been made at the study table merely, but 
have grown out of twenty-five years of practical teach¬ 
ing, in which the author has had a class every year in 
this subject, and that not a few men now prominent in 
both public and business life have expressed the con¬ 
viction that this study has proved o £ greater interest 
and of more practical value to them than that of any 
other subject of their entire school curriculum. 

The author desires to express the hope that this 
brief treatise may serve to promote a higher apprecia¬ 
tion of, and a stronger love for, our free institutions and 
our liberal government “of the people,” to the end that 
they may be perpetual. 

WILLIAM A. MOWRY. 

Dorchester, May i, 1890. 


CONTENTS. 


PART I. 

LOCAL AND STATE GOVERNMENTS. 


Introductory 

CHAPTER I. 

PAGE 

Local Government 

CHAPTER II. 

. 17 

State Governments 

CHAPTER III. 

.. -39 

CHAPTER IV. 


Colonial and Revolutionary History . . . .55 


7 



8 


CONTENTS. 


PART II. 

THE NATIONAL GOVERNMENT. 

CHAPTER I. 

page' 

The Legislative Department. 75 

CHAPTER II. 

The Executive Department .ipi 

CHAPTER III. 

The Judicial Department. 137 

CHAPTER IV. 

Miscellaneous Provisions. 145 

CHAPTER V. 

The Amendments to the Constitution . . *155 

CHAPTER VI. 

The Growth of our Country. 163 

CHAPTER VII. 


Rules of Procedure for Deliberative Assemblies 


• 173 


ELEMENTS OF CIVIL GOVERNMENT. 


t 


BLACKBOARD OUTLINE. 


GOVERNMENT. 


1. Local. 

Town, Township, or County. 

2. State. 

At first thirteen states, now forty-four. 

3. National. 

A true republican government of confederated states. 


PART FIRST. 


LOCAL AND STATE GOVERNMENTS. 


CHAPTER I. 

INTRODUCTORY. 

We live in a republic. Our country is called 
the United States of America. It extends from 
the Atlantic Ocean on the east, across the Valley 
of the Mississippi River, over the Rocky Moun¬ 
tains to the Pacific Ocean on the west. On the 
south is the Gulf of Mexico and the republic of 
Mexico; on the north is British America; then 
far to the northwest beyond British Columbia is 
Alaska, which also belongs to the United States. 
We have forty-four states, six territories, and the 
District of Columbia in which is the city of 
Washington, the capital of our country. 

All the people in this broad country are citizens 
under one government. This is called the Na- 


12 


INTRODUCTORY. 


tional Government. This National Government 
is divided into three parts, called the Legislative, 
the Executive, and the Judicial departments. 

The legislative department consists of a Con¬ 
gress of the United States, which includes two 
branches, the Senate and the House of Repre¬ 
sentatives. 

The executive power is invested in one man 
called the President of the United States. 

The judicial department comprises a series 
of Courts, including the United States District 
Courts, the United States Circuit Courts, and 
the Supreme Court of the United States. 

There are in this country subject to this one 
government more than sixty millions of people. 
This is the largest, most prosperous, and most 
powerful republic in the world. We ought to 
be thankful that we live under a good govern¬ 
ment and that our nation is large, and strong, 
and powerful. 

By and by we shall want to study the history 
of this government, when and how it began, and 
how it has grown to its present prosperous con¬ 
dition; but before taking up this subject, let us 
consider some other matters. We live not only 
in a republic but in a commonwealth. We are 
not only citizens of the United States, but we 
are citizens of the state of - 



INTRODUCTORY. 


13 


Every state has a government of its own. This 
government consists, like the National Govern¬ 
ment, of the Legislative, Executive, and Judicial 
departments. The legislative department, usu¬ 
ally called the State Legislature, includes a 
Senate and a House of Representatives. The 
executive officer of the state is called the Gov¬ 
ernor. The courts of the state include local 
courts, — that is, Police Courts or Justice Courts, 
— County Courts, for the trial of civil and crim¬ 
inal cases, and the Supreme Court of the State. 

Again, we are not only citizens of the United 
States, and citizens of our state, but we are citi¬ 
zens of the town or city in which we live. So 
we have a third kind of government, a local gov¬ 
ernment, that is, the government of our town or 
city. It will be necessary, therefore, in our study 
of Civil Government, to keep constantly in mind 
that we are subject to our local government, to 
the laws of the state and to the laws of the 
United States. In all matters that relate to 
local affairs the town or city government has full 
power; in another set of subjects, relating to the 
general good of the people of the commonwealth, 
the state government has full control; but in 
everything which concerns the nation at large, 
the authority is vested in the National Govern¬ 
ment. 


4 


INTRODUCTOR Y. 


In Emerson’s beautiful little poem of the 
mountain and the squirrel, he makes the little 
rodent say to the mountain, “ If I cannot carry 
a forest on my back, neither can you crack a 
nut.” Each has its place and its duties and the 
other cannot interfere. 

The term “ state sovereignty ” is a misnomer. 
There is no such thing, and cannot be in a 
republic. Indeed there is — in the true sense of 
the word — no “sovereignty” in a republic, for 
there is no “sovereign.” It is only by a figure 
of speech that we say “ the people are sovereign.” 
The township cannot interfere with the state or 
the nation, neither has the state or the nation 
the right to infringe upon the powers or preroga¬ 
tives of the town. 



INTRODUCTORY. 


5 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What is a republic ? 

2. Describe the republic we live in. 

3. How many square miles does it contain? 

4. Citizens of towns, city, or county, of state and of nation. 

5. Legislative department — law-making. 

6. Executive department — enforcing. 

7. Judicial department — interpreting. 


BLACKBOARD OUTLINE. 


TOWN OFFICERS. 


1. Moderator. 

2. Town Clerk. 

3. Town Treasurer. 

4. Selectmen. 


5. Assessors. 

6. Constable. 

7. School Committee. 

8. Overseers of the Poor. 


9. Highway Surveyors, or Road Commissioners. 


CITY OFFICERS. 


1. Mayor. 

2. Aldermen. 

3. Councilmen. 

4. School Committee. 

5. Overseers of the Poor. 


6. City Clerk. 

7. City Treasurer. 

8. City Solicitor. 

9. City Auditor. 

10. City Marshal, and others. 


COUNTY OFFICERS. 


1. County Commissioners. 

2. County Treasurer. 

3. County Auditor. 

4. County Registrar. 


5. County Sheriff. 

6. Coroner. 

7. District Attorney. 

8. County Assessors. 


9. County School Commissioner, and others. 





CHAPTER II. 


LOCAL GOVERNMENT. 

Section I. — The Town. 

The town is the local unit of government. 
The town government in this country originated 
in New England. In the new states of the west 
different circumstances have produced a differ¬ 
ent condition of local government. In the early 
settlements of New England a town included a 
little territory, generally with a central village 
and outlying farms scattered here and there. 
The people of .this territory formed a compact 
settlement by itself and constituted a little de¬ 
mocracy, where all the people came together in 
town meeting and made laws for themselves, 
assessed taxes, ordered roads built, schools to be 
supported, and determined by a majority vote 
whatever seemed best for the well-being of the 
little settlement. 

These towns were grouped together in a col¬ 
ony, and the colonists were, at that time, subject 
to Great Britain. The first town meeting in 
America was held in Dorchester, Massachusetts, 

17 


18 LOCAL GOVERNMENT\ 

in the year 1633. It was then established as an 
institution for that town. The citizens voted 
that the meeting should be held monthly, and 
that all matters relating to the welfare of the 
town were to be determined by a majority vote, 
the minority yielding their preferences and agree¬ 
ing to be governed by the majority. Other towns 
followed this example and established town meet¬ 
ings the next year, 1634. • 

The establishment thus early in the history of 
our country of the town meeting has proved the 
source of much of our freedom at the present time 
in state and nation. In the newer settlements 
in the west covering greater areas of territory, 
generally without the nucleus of a village, the 
township, as the people call it there, is of less im¬ 
portance, while much of the local government is 
necessarily administered by counties. In some 
parts of the west and south the town has no ex¬ 
istence, the local government being by counties. 
In other sections there are both towns and coun¬ 
ties, but the county in many parts is of the greater 
importance. 

Section II. —Town Officers. 

A town meeting must be legally called. No¬ 
tices are posted in accordance with law, stating 
distinctly the business, article by article, which is 


LOCAL GOVERNMENT. 


*9 


to be transacted by the voters of the town in the 
meeting. At the annual town meeting the vari¬ 
ous officers of the town are elected. In some states 
the voting for the principal town officers must be 
by ballot. The meeting is called to order by the 
town clerk, then the warrant is read and a mod¬ 
erator is elected. It is the duty of the moderator 
to preside at the meeting, to put all motions, de¬ 
clare the vote, to see that everything is done in 
proper legal form, and to preserve order. 

The officers of a town include a town clerk, 
treasurer, selectmen, — or, as they are termed in 
some states, the town council, —assessors of taxes, 
constable, collector of taxes (in many cases the 
constable is collector of taxes, and in some states 
the town treasurer acts as such), school com¬ 
mittee, overseers of the poor, road commissioners 
or highway surveyors, and sometimes other offi¬ 
cers, differing in different states. 

Besides the appointment of town officers the 
voters assembled in town meeting levy taxes, 
and make apportionments of money for school 
purposes, highways, the support of the poor, and 
for such other purposes as may seem necessary, 
such as street lights in thickly settled portions of 
the town, fire engines, bridges, and various other 
matters. 

Town Clerk. — It is the duty of the Town 


20 


LOCAL GOVERNMENT. 


Clerk to keep the records of all business done 
in the town meetings during the year for which 
he was elected, to keep records of births, mar¬ 
riages, and deaths in the town, and perform such 
other duties of a like nature as the law requires. 

Town Treasurer. — It is the duty of the Town 
Treasurer to keep safely all moneys intrusted to 
him, receiving the town’s money from the Collec¬ 
tor of Taxes, from the creditors of the town in 
payment of bills due to the town, moneys re¬ 
ceived from the state for specified purposes and 
from any other sources from which the town may 
receive money. He is to pay out this money on 
the orders of the proper town officers in accord¬ 
ance with law, and in payment of bills against 
the town when certified or audited by the proper 
officers. The Town Treasurer is also required 
to look after the invested funds of the town, re¬ 
ceiving the interest or income from such funds, 
and making a report as occasion may require 
from time to time to the town meeting or to the 
Selectmen. 

Selectmen. — The Selectmen or Town Council, 
or, as they are called in some states, trustees 
of townships, have the general charge of the ex¬ 
ecutive business of the town. They call the 
town meetings. In many states they receive 
and count the votes for state and national offi- 


LOCAL GOVERNMENT. 


21 


cers, they act as a board of health, where a board 
has not been appointed, they lay out highways, 
appoint certain minor officers, they represent the 
town in suits at law, they draw jurors, in some 
cases grant licenses, and do many other things, 
some of which differ in different states. 

Assessors of Taxes. — It is the duty of the 
Assessors of Taxes to make an inventory of all 
the real estate in the town with the names of 
the owners thereof, of all personal property and 
owners, and make a list of the names of all per¬ 
sons against whom a poll tax is levied. The 
town having voted the amount of tax to be 
raised, the assessors will subtract from this sum 
the amount of all poll taxes, and then determine 
the percentage which is necessary to raise the 
remainder of the required tax from the total tax¬ 
able property of the town. The tax list is then 
turned over to the Collector, whose duty it is to 
notify each person what his tax is and demand 
payment thereof. This notice usually states when 
and where the tax may be paid, and if not paid 
within the time allowed by law, then the Collec¬ 
tor must institute measures in accordance with 
law for its collection from the property assessed. 

Constable. — It is the duty of the Constable, 
like a police officer, to make arrests in accordance 
with law of persons charged with crime. A Con- 


22 


LOCAL GOVERNMENT. 


stable having arrested a person will hold him as 
prisoner and convey him to a safe place of deten¬ 
tion, keeping him in custody until he shall have 
a trial and be acquitted or sent to jail. It is the 
duty of the Constable also to serve warrants and 
writs, summon witnesses, and to perform all such 
duties as are laid upon him by law. 

School Committee. — Our people maintain in 
all the states and in all the territories a system of 
free schools. These schools are not established 
and maintained by national authority, but by 
state and territorial laws. In some states the 
schools are sustained by the state government, 
under uniform state laws, the state holding in its 
hands absolute control of all public .schools within 
its jurisdiction. In such-cases the state provides 
for the appointment generally of county superin¬ 
tendents and county school boards, the township 
having but little jurisdiction in the matter. In 
most of the older states, in the eastern part of the 
country, the township system prevails. In this 
section the state usually has a Board of Education 
and makes laws concerning the schools and their 
general management, but leaves the particular 
care of them to the towns. In such cases there 
is usually a state appropriation for school pur¬ 
poses, and another appropriation by each town, 
according to its needs. In this case the schools 



LOCAL GOVERNMENT. 


23 


of the town are placed under the control of the 
School Committee elected by that town. This 
Committee usually consists of three or more per¬ 
sons, generally an odd number, who, in accordance 
with the laws of the state, have the entire manage¬ 
ment and control of the public schools. In most 
states having School Committees they examine 
the teachers, grant them certificates, fix the rate 
of wages, approve the bills for payment, build, 
repair, and keep in order the school-houses, 
arrange courses of study, examine the schools, 
determine rules and regulations for them, etc. 

Overseers of the Poor. — These officers have 
charge of the poor people belonging in the town, 
who have no relatives to support them, making 
proper arrangements for their support, either in 
the almshouse — sometimes called the poor-house 

— or boarding them in private families. In some 
cases this duty is assigned to the Selectmen. 

Road Commissioners or Highway Surveyors. 

— These officers have charge of all the necessary 
repairs on the highways and of the building of 
new roads when ordered by the town. 

The duties of other town officers need not be 
specified. 

Herrick’s “ Powers and Duties of Town Offi¬ 
cers in Massachusetts ” gives the following as the 
law in that state concerning town meetings: 


24 


LOCAL GOVERNMENT. 


“ Every town meeting shall be held in pursu¬ 
ance of a warrant under the hand of the select¬ 
men, directed to the constables or to some other 
persons appointed by the selectmen for that pur¬ 
pose, who shall forthwith notify such meeting in 
the manner prescribed by the by-laws or by a vote 
of the town. The selectmen may by the same 
warrant call two or more distinct town meetings 
for distinct purposes. 

“ The warrant shall express the time and place 
of the meeting, and the subjects to be there acted 
upon; the selectmen shall insert therein all sub¬ 
jects which may, in writing, be requested of them 
by any ten or more voters of the town, and noth¬ 
ing acted upon shall have a legal operation, un¬ 
less the subject-matter thereof is contained in the 
warrant.” 

The following is the form of the warrant for 
calling the Annual Town Meeting in the state 
of Massachusetts: — 

Warrant for calling the Annual Town Meeting. 

E-, ss. To either of the Constables of the town 

of B-, in the said county, Greeting : 

In the name of the Commonwealth of Massachusetts, 
you are directed to notify the inhabitants of the town of 

B- qualified to vote in elections and in town affairs, 

to meet at the Town Hall in said B-, on - the 







LOCAL GOVERNMENT. 


25 


- day of - next, at-o’clock in the forenoon, 

then and there to act on the following articles : — 

1. To choose a moderator to preside in said meeting. 

2. To choose all necessary town officers for the year 
ensuing. 

3. To hear the annual report of the selectmen, and 
act thereon. 

4. To raise such sums of money as may be necessary 
to defray town charges for the ensuing year, and make 
appropriations of the same. 

And you are directed to serve this warrant, by post¬ 
ing up attested copies thereof, one at the Town Hall, 
and one at each of the public meeting-houses in the said 
town, fourteen days at least before the time for holding 

said meeting. The polls will open at-o’clock, a.m., 

and will close at-o’clock, p.m. 

Hereof fail not, and make due return of this warrant, 
with your doings thereon, to the Town Clerk, at the 
time and place of meeting as aforesaid. 

Given under our hands this-day of-, in the 

year one thousand eight hundred and-. 

Selectmen of B- 

[Note to the Teacher. — Object lessons are the most effective 
of all lessons. It is the practice of some of our best teachers to 
have the scholars conduct a mock town meeting. Previous to the 
day on which the town meeting is held, the teacher should write 
off, or have written, a warrant, which should be posted in some 
convenient place in the school-house, signed by the selectmen, 
previously appointed from the scholars by the teacher. A town 
constable and a town clerk should also be previously appointed; — 
the constable to post the warrant and make returns thereon, and 
the town clerk should call the meeting to order, and preside until 
a moderator be elected. 










2 6 


LOCAL GOVERNMENT. 


On the day the town meeting is held, the school should organize 
and carry through the forms of such a meeting according to the 
warrant already posted. If it be an Annual Town Meeting, let the 
town officers be elected by ballot, let the business of the town, as 
embodied in the warrant, be conducted in order, and the meeting 
finally adjourned. 

Any skilful teacher who has a few bright scholars in the school 
(and what school has not?) will find this practice of holding town 
meetings or of holding mock courts, or a Legislative Assembly, as 
the House or the Senate, to be of much interest and of great value 
to the school.] 

Section III.—-Cities. 

When the population of the town becomes' so 
large that it would be difficult to transact public 
business in the town meeting, it is customary 
all over the country for the town, by a majority 
vote, to apply for a city charter. In some states 
a special act of the Legislature is necessary to 
grant a charter for the new city. In other states 
a charter may be obtained, under circumstances 
defined by law, from the officers of the state in 
accordance with a general statute for the incor¬ 
poration of cities. This charter must be ac¬ 
cepted by a majority of the legal voters at the 
town meeting called for that purpose. The 
charter defines the duties of the several officers 
to be chosen under it. 

The City Government. — The City Govern¬ 
ment is vested in the Mayor and the City Coun¬ 
cil. The Council may consist of two bodies, (i) a 


LOCAL GOVERNMENT. 


27 


Board of Aldermen and (2) a larger board called 
a Common Council, or it may consist of but 
one body, a Board of Aldermen and no Council, 
or a Council and no Board of Aldermen. 

The Mayor is elected by the voters of the 
whole city. The Aldermen are in some cases 
elected by wards and in others on a general ticket 
for the whole city. The members of the Com¬ 
mon Council are usually elected by wards. 

The city, like the town, has its school commit¬ 
tee, assessors of taxes, overseers of the poor, clerk, 
treasurer, collector of taxes; and it usually has 
a superintendent of streets, officers of the fire 
department, a city solicitor, a city physician, au¬ 
ditor, city marshal or chief of police, and some¬ 
times other officers. Many of these officers are 
appointed by the City Council rather than elected 
by the people. 

Mayor. — The Mayor is the executive officer 
of the city. He must see that the laws are en¬ 
forced, and that subordinate officers are faithful 
in their duties. He makes recommendations to 
the City Council. Usually he has a veto power 
over the Council similar to the veto power of the 
Governor over the legislature. The Mayor in 
some cases is considered as a member of the 
Board of Aldermen, and presides over them. In 
other cases he presides over them but has only 


28 


LOCAL GOVERNMENT. 


the casting vote. In other cases still he is not 
connected with the Board of Aldermen. 

The Aldermen. — The Board of Aldermen 
have powers and duties corresponding, to those 
of the selectmen in the towns. They draw 
jurors, issue warrants for ward meetings, and in 
legislative matters have joint power with the 
Common Council. 

City Council. — The City Council, whether 
consisting of one body or of two, have the power 
to fix the salaries of officers, to levy taxes, borrow 
money, make appropriations for the various de¬ 
partments of the City Government, and in gen¬ 
eral to care for the public interests of the city. 
The City Council pass .what are called ordi¬ 
nances relating to public matters, like the con¬ 
struction of sewers, the erection of buildings, 
obstruction of streets, prevention against fires, 
punishing vagrancy and truancy, and whatever 
is needful for the preservation of property, the 
public health, and the general well-being of the 
city. 

The town organization, as has been seen, is a 
democracy, while the City Government is repre¬ 
sentative. The executive power of the mayor 
and aldermen in the city corresponds to that of 
the selectmen in the town. The legislative power 
in the city is found in the City Council instead 


LOCAL GOVERNMENT. 


2 9 


of the whole body of voters as in the town. The 
City Council elects inferior officers instead of the 
people as in the town. In the city, voters meet 
in districts or wards for the election of officers, 
while in towns all the voters usually meet in one 
body. In some instances, however, large towns 
have been divided into voting precincts. 

Section IV. — Counties. 

The state is divided for convenience in local 
government into counties, or into counties and 
towns. In the south and some portions of the 
west, the states are only divided into counties. 
In New England and some of the Middle and 
Western States, the counties are sub-divided into 
towns or townships. The division into counties 
is found in every state except Louisiana, which 
is divided into parishes. 

In all states where the counties are divided 
into towns, the town is the unit of government, 
and in some states more important than the 
county. Where the counties are not thus di¬ 
vided, the county is the unit of government. 
Where towns exist, the local government is 
divided between the county and the town. Both 
counties and towns are corporations. 

County Commissioners. — In most of the states, 
but especially in those states where the local gov- 


30 


LOCAL GOVERNMENT. 


ernment is vested in the county rather than the 
town, the chief executive officers for the counties 
are called County Commissioners. In some states 
there are officers called supervisors, and the super¬ 
visors of the several towns in the county form a 
board of supervisors for that county. These 
boards have the care of the public property of 
the county and attend to all matters of building 
or repairing public buildings, such as the court¬ 
house and county jail. In those states where no 
towns are found, or where the county officers 
have more political power than those of the 
towns, these county boards or county commis¬ 
sioners exercise large powers with regard to 
schools, taxes, highways, bridges, ^etc. 

County Treasurer. — Each county has a Treas¬ 
urer who has the custody of all moneys belonging 
to the county, receiving the funds and paying 
them out as required. 

County Auditor. — In some states there are 
officers called County Auditors, whose duty it is 
to examine and certify bills against the county. 

Recorder or Registrar of Deeds. — In most 
states each county has a Recorder or Registrar 
of Deeds, whose duty it is to keep permanent 
records of all deeds, mortgages, and other written 
instruments which are required by law. In a few 
states these records are kept by the town clerks 
in the several towns. 


LOCAL GOVERNMENT. 


3 


Sheriff. — Each county has a Sheriff, or, as 
sometimes called, a Deputy Sheriff, to distinguish 
him from the High Sheriff of the state. It is the 
duty of the Sheriff to execute all warrants, writs, 
and other processes intrusted to him by the 
courts, to arrest persons accused of crime, and to 
have charge of the county jail and its prisoners. 

Coroner. — It is the duty of the Coroner to 
inquire into the causes of the death of persons 
who have died suddenly or by violence. The 
Coroner summons a jury, who examine witnesses 
and give their opinion in writing as to the man¬ 
ner and cause of the person’s death. This is 
called a Coroner’s inquest. 

District Attorney. — It is the duty of the Dis¬ 
trict Attorney to conduct the prosecution in all 
courts of the county in which persons are tried 
for crimes. He is sometimes called the prosecut¬ 
ing attorney or the state’s attorney. 

Assessors. — Wherever the taxes are assessed 
and collected by counties instead of by towns, the 
counties have Assessors and Collectors of Taxes. 
Their duties have already been described. There 
are also county Surveyors and other officers differ¬ 
ing in different states. 

School Commissioners or Superintendents. — 

In a large number of states the public schools are 
managed by counties. In such cases the county 


32 


LOCAL GOVERNMENT. 


has a School Commissioner or a Superintendent 
of Schools, whose duty it is to examine teachers, 
visit the schools, and attend to general matters 
relating thereto, but only as directed by the laws 
of the state. In some states there are county 
boards of education, differently constituted, who 
have under their care the interests of the public 
schools. 

These various county officers may be consid¬ 
ered as belonging to two classes in respect to 
their jurisdiction. Some of them are the repre¬ 
sentatives of the county only, while others are 
considered as state officials, but exercise their 
power only in their own county. The County 
Sheriff arrests a man for crime, but as the crime 
is fixed by state law, it is considered that the state 
arrests the man; yet this arrest is made by the 
agent of the county. So when the district attorney 
prosecutes him, it is in the name of the state whose 
law he has violated. But the county commission¬ 
ers, or the recorder, or county treasurer act only 
for their county, and in no sense in the name of 
the state 


Section V. — Education. 

Perhaps no department of our government is 
of more importance than our system of public 
schools. Although these are supported and regu- 



LOCAL GOVERNMENT. 


33 


lated by the state, yet they are substantially local 
institutions and may properly be treated in this 
place. 

Monarchies do not necessarily rely on the in¬ 
telligence of the people for the preservation of 
their form of government, but a republic is made 
secure only by the intelligence and morality of all 
the people. It is generally agreed that intelli¬ 
gence, enterprise, thrift, and virtue are essential 
elements for a popular government. It would be 
unwise and dangerous to the state for us to allow 
any portion of our people to bring up their chil¬ 
dren in ignorance or vice. 

The public school began its history in this 
country in New England. The Boston Latin 
School dates from 1635. Harvard College was 
founded, partly by private gifts and partly by the 
government of Massachusetts Bay, in 1636. The 
town of Dorchester established the first public 
school which was supported by taxation in 1639. 
From this time onward the district school in New 
England became an important institution, so that 
long ago it was considered one of the boasted 

o o 

products of New England. 

When the territory northwest of the Ohio River 
was first settled, many of the pioneers went from 
the Eastern States. They carried with them and 
established in that section the New England 


34 


LOCAL GOVERNMENT. 


system of public schools. This institution has 
since prevailed in all the great northwest and in 
the states upon the Pacific coast, and since the 
late war it has been established by law in every 
southern state. All the organized territories have 
also established for themselves public schools. We 
have then to-day a system of public schools pre¬ 
vailing in every state of the U nion, in every organ¬ 
ized territory, and in the District of Columbia. 
The laws relating to the schools, as well as their 
management, differ greatly in different states. 
In New England, where they first started, much 
is left to the people of each town. The state has 
a Board of Education and a Superintendent of 
Public Instruction. In some states this officer is 
called a Commissioner of Education, in others he 
is termed the Secretary of the Board of Educa¬ 
tion. The state makes laws for the government 
of the schools, and apportions a certain sum of 
money among the several towns, but each town 
levies a tax upon its inhabitants and their property 
for school purposes. 

In the west and the south the states have a more 
direct management of the schools, exercising a 
more immediate control over them. Many states 
have school funds to aid in supporting their public 
schools. In those states where the counties are 
not divided into townships, the schools are county 


LOCAL GOVERNMENT. 


35 


schools, usually divided into districts for schools 
of the lower grades, but having one or more 
county high schools. 

In some states public schools are largely ele¬ 
mentary in their character, but a majority of the 
states carry public instruction through a high 
school course. Many of the Western States main¬ 
tain also state universities, in which any young 
person belonging in the state can have free in¬ 
struction through a liberal course of college or 
university study. 

Private Institutions of Learning. — In addi¬ 
tion to the public schools, all sections of our 
country maintain many private institutions of 
learning. There are private schools — primary, 
grammar, and high — in most of our large towns 
and cities. Many academies and seminaries have 
been founded and endowed by benevolent per¬ 
sons, where an excellent education can be ob¬ 
tained at moderate expense. Colleges and uni¬ 
versities are numerous in all parts of our country. 
Many of them are well endowed with large funds, 
enabling them to give a liberal education at a 
small part of its actual cost. Of late, parochial 
schools have been established by the Roman 
Catholic Church in large numbers in different 
sections of the country. The different Protes¬ 
tant denominations have, to a greater or less 


36 


LOCAL GOVERNMENT. 


extent, denominational schools here and there, 
of various grades. Perhaps there is no country 
in the world where the opportunities for every 
one to obtain a good education are more wide¬ 
spread than in the United States of America. 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

TOWNS. 

1. Give an account of the early New England town. 

2. Western towns. Why are the towns in some sections 
of less relative importance than in New England? 

3. Town meeting — importance. 

4. Town officers — how elected. 

5. Duties of Town Clerk. 

6. Duties of Town Treasurer. 

7. Duties of Selectmen. 

8. Duties of Assessors. 

9. Duties of Constable. 

10. Duties of School Committee. 

1 t . Duties of Overseers of the Poor. 

12. Duties of Road Commissioners. 

13. What preliminaries are needed before a town meeting 
can be legally organized ? 

14. What can be done legally in a town meeting? 

CITIES. 

15. What is a city charter? 

16. How obtained ? 



LOCAL GOVERNMENT. 


37 


17. Difference between a town government and a city 
government. 

18. How is the Mayor elected? 

19. Duties of Mayor. 

20. Duties of Aldermen. 

21. Duties of Councilmen. 

COUNTIES. 

22. Where are counties of the most importance? Why? 

23. What state has no counties? 

24. When are counties units of government? 

25. Duties of County Commissioners. 

26. Duties of County Treasurer. 

2 7. Duties of County Auditor. 

28. Duties of Recorder. 

29. Duties of Sheriff. 

30. Duties of Coroner. 

31. Duties of District Attorney. 

32. Duties of Assessors. 

33. Duties of School Commissioners. 

34. Write an essay upon our system of public schools. 

[Let different pupils take different topics concerning public schools, 
e.g.: (1) Why is it right or just to tax all the property to support public 
schools? (2) The necessity of compulsory education. (3) Should the 
state support high schools? (4) Should it support colleges? (5) Advan¬ 
tages and disadvantages of private schools. (6) Advantages of graded 
schools. (7) Why should we learn to read? (8) Is it a disgrace to be a 
poor speller? (9) Is it any credit to be a good speller?] 


BLACKBOARD OUTLINE- 


DEPARTMENTS OF GOVERNMENT. 

i. Legislative. | 2. Executive. 

3. Judicial. 

LEGISLATIVE DEPARTMENT. 

1. The House. | 2. The Senate. 

EXECUTIVE DEPARTMENT. 

1. The Governor. | 2. The Lieutenant-Governor. 

3. The Council. 


OTHER EXECUTIVE OFFICERS. 


1. Secretary of State. 

2. Treasurer. 

3. Auditor. 

4. Attorney-General. 


5. Surveyor-General. 

6. Commissioner of Public 

Schools. 

7. State Librarian, and others. 


THE 

1. Justice Courts. 

2. Police Courts. 


STATE COURTS. 

I 3. County Courts. 

I 4. Supreme Court. 


38 



CHAPTER III. 


STATE GOVERNMENTS. 

Section I. — Their Origin. 

When the War of the Revolution commenced, 
it united thirteen English colonies, which were 
located along the Atlantic coast of North Amer¬ 
ica, in rebellion against the British government. 
On the 4th of July, 1776, these colonies, through 
their delegates assembled in the Continental 
Congress, declared themselves independent of 
the mother country, and published to the world 
their intention of taking their place as one of 
the nations of the earth. The several colonies 
at that moment became states. They immedi¬ 
ately adjusted their government in accordance 
with the new conditions under which they were 
placed. * On that same day began the new nation 
of the United States of America, and the separate 
existence of each state as a state in the Union. 
One after another of these states formed a written 
constitution for itself, some just before, the others 
after the Declaration. These were termed state 
constitutions. Every one of the present forty- 

39 


40 


STATE GOVERNMENTS. 


four states has a written constitution, which was 
formed by a convention of the people, and which 
has been adopted by a majority vote. 

Virginia was the first state to adopt a consti¬ 
tution, June 29, 1776. On the 2d of July, New 
Jersey adopted a constitution. These two were 
prior to the Declaration of Independence. Be¬ 
fore the end of that year, Maryland, Delaware, 
Pennsylvania, and North Carolina had adopted 
constitutions. In 1777 Georgia, New York, and 
Vermont adopted constitutions, although Ver¬ 
mont was not admitted into the Union as a state 
until 1791. South Carolina adopted her consti¬ 
tution in 1778, Massachusetts in 1780, and New 
Hampshire in 1784. 

Connecticut and Rhode Island continued their 
governments under their former charters received 
from the king. The charter of Connecticut dated 
from April 20, 1662, and it served as a constitu¬ 
tion for that state until the year 1818. The 
charter of Rhode Island went into operation 
July 8, 1663, and that little state retained it as 
her constitution until the year 1842, when she 
adopted a state constitution. At the time that 
charter was superseded by the new constitution 
(1842), it was the oldest written constitution then 
in force in the world. 

These various state constitutions all contained 
substantially: — 


STATE GOVERNMENTS 


41 


1. A Bill of Rights. 

2. An Executive Department. 

3. A Legislative Department. 

4. A Judicial Department. 

Section II. — The Legislative Department. 

The Legislative Department makes the laws 
for the state, but the state laws must not conflict 
with the constitution of the state nor the consti¬ 
tution of the nation. The state laws relate to 
matters of justice, equity, and rights, concerning 
the dealings of the citizens with each other and 
with the state. They provide for the organiza¬ 
tion of corporations, the establishment and sup¬ 
port of educational and charitable institutions, 
and make all needed regulations for the prosecu¬ 
tion and punishment of crime. In general, the 
aim of the Legislature in all laws is to promote 
the general welfare of the people of the state. 

It was but natural that these English colonists 
should follow in many things the notions and cus¬ 
toms which they had received from the mother 
country. In Great Britain the Legislative De¬ 
partment of the government included the House 
of Commons and the House of Lords. The 
American states severally, and the United States 
in its constitution, all followed the British system 
of two houses. 


42 


STATE GOVERNMENTS. 


The House of Representatives. — Each state 
has a House of Representatives, although not 
always called by that name. The Representa¬ 
tives are chosen in nearly all of the states on* the 
basis of population. For this purpose the state 
is divided into representative districts. A few 
states elect representatives for one year, but more 
elect for two years; while some elect for three 
years, and a few for four years. 

The Senate.—-The Senate is considered the 
upper house of the Legislature. The office of 
Senator is supposed to be of higher honor than 
.. that of Representative. The Senators are cho¬ 
sen from senatorial districts, which in all of the 
states are larger than the representative dis¬ 
tricts, making the Senate a smaller body than 
the House. Each house has a list of standing 
committees, and most of the business of the two 
houses is considered, examined, digested, and re¬ 
ported to the house by the appropriate commit¬ 
tees ; so that much of the ordinary business of 
the house is to pass a formal sanction upon what 
has been done by the committees. In this way 
the transaction of business is greatly facilitated, 
and the result is probably wiser than if every de¬ 
tail came before the full house. 

When, however, some matter of importance 
upon which there is a diversity of opinion comes 


STATE GOVERNMENTS. 


43 


from a committee, the house discusses the sub¬ 
ject, the members who are specially interested in 
that particular question debate it with all the 
strength of their decided convictions; and then, 
when the majority has decided the point, the 
minority yield gracefully, and the law is passed or 
defeated, as the case may be. 

The Making of a Law. — Before any bill can 
become a law it must be presented to one of these 
two houses, usually reported upon favorably by a 
committee, passed to a second reading, generally 
laid over until another day, then being called up 
it takes its third reading, and if adopted by the 
requisite vote, is sent to the other house. Here 
it goes through the same form as before, and on 
a favorable report from the proper committee it 
passes to its three readings. If at the third read¬ 
ing it obtains a majority vote, it is ordered to be 
engrossed and sent to the Governor for his signa¬ 
ture. In most states the Governor has a veto 
over all bills passed by the Legislature. If he 
signs the bill, thereby indicating his approval of 
it, it becomes a law, and it is then sent to the 
Secretary of State to be placed on file for pres¬ 
ervation. If the Governor disapproves of the 
bill he refuses to sign it, or in other words he 
“ vetoes ” the bill, and returns it with his objec¬ 
tions to the house where it originated. In this 


44 


STATE GOVERNMENTS. 


case it must pass the two houses of the Legisla¬ 
ture again, and in nearly all the states a two- 
thirds vote is necessary. If it fails to receive 
this vote in either house, the bill is killed. In 
some states a majority vote only is necessary to 
pass the bill over the Governor’s veto. 

Each house is the judge of the election and 
qualifications of its own members, chooses its 
own officers, and establishes its rules of proced¬ 
ure. In some of the states the House of Repre¬ 
sentatives only can originate bills looking toward 
taxation or the expenditure of money. 


Section III.—The Executive Department. 

The Governor. — The chief executive officer 
of the state is the Governor. It is a common 
custom to apply to him the title of “His Excel¬ 
lency.” In the early history of the states New 
Hampshire, Pennsylvania, Delaware, and South 
Carolina called the executive officer the Presi¬ 
dent. All other states from the outset gave him 
the name of Governor. 

In a monarchy the chief executive officer is the 
monarch himself. In him is the source of power, 
and other officers are responsible to him. Under 
a republican form of government, as in the sev¬ 
eral states, the executive officer holds inferior offi- 



STATE GOVERNMENTS. 


45 


cers responsible to him, but he in turn is respon¬ 
sible to the people, who are the source of all 
political power. 

Term of Office. — The Governor is elected by 
the people ; in some states annually, in others for 
the period of two, three, or four years. The ten¬ 
dency at present seems to be toward biennial 
elections. 

Qualifications. — The qualifications necessary 
for a Governor differ in the different states. The 
qualifications for a Governor in every state are 
determined by the constitution of that state. 
These constitutions commonly agree that to be 
eligible for the office of Governor a person must 
have been for a certain number of years a citizen 
of the United States, and for a term of years im¬ 
mediately preceding his election a resident of the 
state. He must also be above a certain age, 
which in most of the states is thirty years. 

Powers and Duties. — The executive powers 
and duties of the Governor are important and 
various. It is his duty to represent the state on 
public occasions and in its dealings with other 
states and the United States. He is Commander- 
in-Chief of the military forces of the state, and has 
the power to call out the militia of the state in 
time of insurrection. It is his especial care as 
the chief executive to see that the laws be faith- 


46 


STATE GOVERNMENTS. 


fully executed. He has power to call upon the 
different executive officers under him for informa¬ 
tion concerning the condition of affairs in their 
respective departments. He communicates infor¬ 
mation of the condition of the state by message 
to the Legislature when in session, and is accus¬ 
tomed to recommend to that department of the 
government such measures as he considers neces¬ 
sary and desirable. He usually has the power to 
call together the Legislature on extraordinary 
occasions. In most states he has the veto power. 

The Governor has certain judicial powers. In 
most states the power is granted to him by the 
constitution to reprieve or pardon criminals. To 
reprieve a criminal is to postpone or delay for a 
certain time the execution of the sentence which 
has been already pronounced upon him. To par¬ 
don is to free the criminal entirely from the exe¬ 
cution of the sentence. A pardon forgives the 
offence and releases the offender. Most states 
also give the Governor the power to commute a 
sentence; that is, to change the penalty or pun¬ 
ishment for a less severe one. For instance, when 
a person has been sentenced to capital punish¬ 
ment, the Governor may commute that sentence 
to imprisonment for life. In some states the par¬ 
doning power is not given to the Governor, but 
is retained in the hands of the Legislature, or the 
Senate, or the Governor’s Council, 


STATE GOVERNMENTS. 


47 


The Governor has also in all states more or 
less appointing power. He appoints many ex¬ 
ecutive officers and sometimes judicial officers. 
This power of appointment differs greatly in the 
different states. In some states he appoints all 
the principal executive and judicial officers, such 
as the Secretary of State, the Attorney-General, 
and the judges of the courts. In other states 
these officers are elected by the people, and the 
Governor appoints only officers of a lower grade. 
In none of the states has he the power to ap¬ 
point legislative officers. In some states the 
Governor is intrusted with powers and duties 
which it is not necessary to mention here. Some 
states provide for a “ Governor’s Council,” or, as 
it is sometimes called, an “ Executive Council.” 
The members of this council are usually elected 
by the people, and their duty is to advise the 
Governor, especially in regard to certain matters 
definitely stated in the laws. 

Lieutenant-Governor. — Most of the states 
have an officer called a Lieutenant-Governor. 
In one-quarter of the states this office does not 
exist. Usually he has but few duties. In most 
of the states which have such an officer he pre¬ 
sides in the Senate. The principal reason for 
having a Lieutenant-Governor is to guard against 
a vacancy in the office of Governor. Should the 


48 


STATE GOVERNMENTS. 


Governor die, or by any reason be removed or 
become incompetent to discharge the powers and 
duties of his office, these would devolve upon 
the Lieutenant-Governor; but in every instance 
only in accordance with the constitution of the 
state. 

Executive Officers. — The executive officers 
vary in the different states. In most of them 
the constitution provides for a secretary of state, 
an auditor or comptroller, a treasurer, and an 
attorney-general. Some states have an officer 
called a surveyor-general, whose duty it is to 
look after the lands belonging to the state; a 
superintendent of schools, or superintendent of 
public instruction, or commissioner of public 
schools; state printer; a state librarian, and 
others. 

Some states have boards of education whose 
duty it is to exercise supervision over the normal 
schools of the state, if there are such; prescribe 
forms for registers and blank-books for school 
statistics; to direct or advise the superintendent 
of public instruction; and to make annual re¬ 
port to the Legislature of the state concerning 
education within its limits, with recommenda¬ 
tions for necessary legislation or appropriations. 

Some states have a board of agriculture, a 
board of health, a board of prison commission- 


STATE GOVERNMENTS. 


49 


ers, a board of railroad commissioners, harbor 
commissioners, insurance commissioners, commis¬ 
sioners of savings banks, and the like. 


Section IV.—The Judicial Department. 

The constitutions of the several states provide 
for the establishment of courts of justice and 
carefully define their powers. In some states the 
judges are appointed, and in others they are 
elected by the people. The legislative depart¬ 
ment makes laws, the executive department en¬ 
forces them, but the judicial department interprets 
the laws and decides cases of law, making the 
proper application so as to insure justice to indi¬ 
viduals. The names and powers of the different 
courts differ greatly among the several states. In 
no two states is the judicial department exactly 
alike. All that can be done here is to give a 
tolerably correct idea of the judicial system to be 
fpund in most of the states. 

Justices of the Peace. — In the various towns 
or counties in the different states officers are 
chosen, termed Justices of the Peace. The justice 
will hold a petty court, in which he has the power 
to try civil cases which involve small amounts. 
Some states limit this amount to one hundred 
dollars, and others to fifty dollars. He has also 


50 


STATE GOVERNMENTS . 


the power to try persons charged with small 
crimes. Sometimes he has the power to make a 
preliminary examination and bind over criminals 
for trial in the higher courts. 

Police Courts. — In the cities the lowest order 
of courts, similar to the justice courts in the towns, 
is usually termed police courts. 

County Courts. — In most of the states the 
courts next above justice courts or police courts, 
which are organized for the trial of civil cases 
and of crimes, are held by counties, and are called 
by various terms, such as district courts, county 
courts, courts of common pleas, superior courts, 
etc. Many of the states outside of New England 
call these courts circuit courts. * 

Supreme Court. — The highest court in the 
state is usually called the supreme court of such 
a state. This is usually not a court of original 
jurisdiction, but only for the trial of cases ap¬ 
pealed from the lower courts. 

Probate Courts. — The term probate court is 
used in most of the states with a uniform mean¬ 
ing. Usually there is one probate court in every 
county, which has generally but a single judge. 
These courts are quite different in character from 
the courts just described. They are not for the 
trial of disputes between citizens, nor for the trial 
of persons charged with crime, but their powers 


STATE GOVERNMENTS. 


5 


and duties relate exclusively to the settlement of 
the estates of deceased persons. They act upon 
wills, appoint administrators, and empower execu¬ 
tors to act in accordance with the wills. When 
a person dies, leaving property, but not having 
made a will, it is said that he dies intestate. In 
that case it is the duty of the probate court to 
appoint administrators, whose duty it is to settle 
the estate, paying all lawful bills brought against 
it, and to divide the property among the relatives 
to whom it would belong by law. Strictly speak¬ 
ing, the administrator has no jurisdiction over the 
real estate of a person deceased. The lawful 
heirs can take possession of that without authority 
from the court. 

When a person dies leaving a will, he usually 
names in that will an executor or executors, whose 
duty it shall be under the will to dispose of his 
property in accordance with the provisions of the 
will. The probate court has power to remove 
executors or administrators who fail in the dis¬ 
charge of their duty, to settle their accounts, and 
to decide questions of dispute which may arise in 
the distribution of the estate. Probate courts are 
sometimes called orphans’ courts, because they 
have the power to take charge of the estates of 
minors whose parents have died, and to appoint 
guardians for them. 


52 


STATE GOVERNMENTS. 


Questions of dispute which may arise concern¬ 
ing decisions of probate courts may be appealed 
to the county courts or the supreme court of the 
state. 

Judges of the various courts are sometimes 
appointed by the Governor, sometimes by the Leg¬ 
islature, and sometimes elected by the people. 
Their terms of office differ in the different states. 
Frequently the term is from six to ten years. 
Justices of the peace are usually elected for one 
or two years. It is common in the New England 
States for the judges of the higher courts to hold 
office for life. All the officers under the judicial 
department, as well as those in the legislative and 
executive departments, receive salaries which are 
fixed by state laws. 

There are many other matters of various kinds 
relating to the state governments, which might 
be considered with propriety here, but which 
may better be omitted, especially for the reason 
that most of them will be fully explained and 
better understood under the department of our 
national government. The subordination of the 
parts to the whole, of the inferior to the superior, 
rnust be kept in mind. The town and the county 
are portions of the state, are inferior to the state, 
and are subject to its power and its law, but only 
so subject in matters over which the state by the 


STATE GOVERNMENTS. 


53 


constitution has authority vested in it. So in 
like manner it must be remembered that the 
states are parts of the nation, and as such are 
in subordination to the national authority, but 
only in such matters as the nation has power 
given to it by its constitution. 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What was the Declaration of Independence ? 

2. How did the colonies become states? 

3. Write a paper of one hundred words or more, describ¬ 
ing the legislative department of a state. 

4. Difference between the “ House ” and the “ Senate.” 

5. Describe how a law is made. 

6. Duties of the Governor. 

7. Is a Lieutenant-Governor like a “ fifth wheel to a coach ” ? 

8. What executive officers are there in the states ? 

9. Justice Courts. 

10. Police Courts. 

11. County Courts. 

12. Supreme Courts. 

13. Probate Courts. 

14. What is meant by intestate? 

15. What is meant by executor? 

16. What is meant by administrator? 

17. State Judges — how appointed or elected? 



BLACKBOARD OUTLINE. 


SETTLEMENTS. 


x- Spanish. 


2. French. 


3. English. 


COLONIAL AND REVOLUTIONARY HISTORY. 


x- The Supreme Moment in 
the History of America. 
2. First Continental Congress. 


3. Second Continental Congress. 

4. Articles of Confederation. 

5. Plan of the Confederation. 


6. The Federal Convention. 


54 



CHAPTER IV. 


COLONIAL AND REVOLUTIONARY HISTORY. 

Section I. 

The Contest of the Kings for North America. 

— After the discovery of America by Columbus 
Spain claimed the right to the new world. It 
was not long, however, before Great Britain, 
France, and other nations sent over vessels on 
exploring expeditions, each claiming the right to 
the country along whose coast they sailed. A 
little later settlements were attempted here and 
there from Quebec to St. Augustine, in Mexico, 
Central and South America. 

Spanish Settlements. — Spain made the first 
permanent settlement in what is now the United 
States, at St. Augustine, Florida, in 1565. Spain 
at an early date took possession of Mexico, Cen¬ 
tral America, and a large part of the Atlantic 
coast of South America. So it came to pass 
that the Spanish Provinces were all further south 
than the country which at a later date became 
the United States of America. 


55 


56 


COLONIAL HISTORY. 


French Settlements. — The French people 
are entitled to great praise for their early explo¬ 
rations and settlements in North America, and 
for the devoted efforts of French priests to in¬ 
struct and Christianize the North American 
Indians. Father Marquette, Chevalier De La 
Salle, Joliet, and many others penetrated into the 
wilderness, traced the course of the principal 
rivers, navigated the Great Lakes, and explored 
the entire valley of the St. Lawrence and the 
Great Basin of the Mississippi. 

They had possession of what is now the British 
Provinces at the north of us, and of the entire 
country between the Alleghanies and the Rocky 
Mountains. 

English Settlements. — Great Britain was at 
an early date very active in sending out expedi¬ 
tions for discovery and explorations. The Cabots, 
Sir Francis Drake, Sir Humphrey Gilbert, Capt. 
John Smith, Gosnold, and others sailed along the 
Atlantic coast, taking possession of the country 
in the name of the king of Great Britain. Set¬ 
tlements were effected at Jamestown, Plymouth, 
Salem, Boston, Hartford, New Haven, and later 
still Philadelphia, and along the coast of the Caro- 
linas and Georgia. 

The Contest for Supremacy. — Thus it hap¬ 
pened that these three great European nations, 


COLONIAL HISTORY. 


57 


to say nothing of Portugal, Holland, Sweden, 
and other minor powers, had before the middle 
of the last century planted flourishing settle¬ 
ments and organized governments for prosperous 
colonies along the coast and in the interior from 
Quebec to the Isthmus of Darien. 

If the map of North America were made in 
three colors, showing the several parts of this 
continent held by these three great powers from 
1740 to 1750, the lines would be somewhat as fol¬ 
lows: The green color, which might represent 
Spain, would cover Florida, Mexico, and Central 
America. The yellow shade, representing France, 
would include all of the present British America 
and the entire valley of the Mississippi River. 
The red, which we will have represent the British 
power, will cover only the few feeble colonies along 
the coast from Maine to Florida, and extending 
westward to the Alleghany Mountains. 

Section II.—The Contest Ended. 

The Supreme Moment in the History of 
America. — In the year 1754 hostilities broke out 
between the English colonies in North America 
and the French. During several years preceding 
this date the French had established a line of 
posts along the Ohio River and near the Alle- 


58 


COLONIAL HISTORY. 


ghany Mountains, intending to prevent the Eng¬ 
lish from extending themselves beyond the moun¬ 
tains to the westward. Washington, at the head 
of troops from Virginia, was sent to dislodge the 
French from Fort Duquesne. In the next year, 
1 755, occurred the defeat of General Braddock 
near this fort. In 1756 Lord Loudon was sent 
to command the British troops in America. The 
contest went on with the battle of Louisburg, 
Fort William and Henry, and the capture of Fort 
Frontenac. The English were defeated at Fort 
Ticonderoga, and fought other battles, until Gen¬ 
eral Wolfe was sent by the British to take Que¬ 
bec, and there defeated the French army under 
Montcalm. 

The Battle of Quebec. — During the night the 
British forces climbed the steep precipice from the 
river up to the “ Plains of Abraham.” A fierce 
battle ensued. It was the turning-point in the his¬ 
tory of America. If the French should be able to 
compel the forces to retreat, France might reason¬ 
ably expect to hold permanent possession of both 
the French and the English colonies of North 
America. If, on the other hand, the English 
should capture the city of Quebec, France would 
be beaten, and she would be obliged to surrender 
her vast possessions in this new world to Great 
Britain, The English were successful. Wolfe 



COLONIAL HISTORY. 


59 


and Montcalm were both killed. Montcalm, when 
dying, said, “ I am happy that I shall not live to 
see the surrender of Quebec.” Wolfe, after re¬ 
ceiving his mortal wound, being told that the 
French were fleeing everywhere, said, “ Now God 
be praised! I die in peace.” This was in the 
year 1760, and soon after the English completed 
the capture of Canada. 

Had the French succeeded in this contest, the 
English colonies would have been obliged to sur¬ 
render themselves to the domination of France. 
The French language, French customs, French 
laws, would have controlled America; but, on the 
other hand, as the English were victorious, France 
was swept from the continent of America, and not 
till the beginning of the present century did she 
again secure any foothold here. The treaty of 
1763 between England and France was a great 
triumph for the English-speaking race. 

One historian says, “ England, proudly impe¬ 
rious, drunk with success, dictated humiliating 
terms to France, and robbed her of all her pos¬ 
sessions in North America.” Great Britain took 
possession of the entire valley of the St. Law¬ 
rence,— which carried with it all the country 
which we now know as British America, — and 
all the territory east of the Mississippi River. 
France was permitted to cede to Spain the terri- 


6o 


COLONIAL HISTORY. 


tory west of the Mississippi River, lying between 
that river and the Rocky Mountains, which was 
known as the “ Province of Louisiana.” This 
may well be called the supreme moment in the 
history of North America. From this time on¬ 
ward it was manifest that England and the Eng¬ 
lish-speaking people must dominate this country. 
Count De Vergennes, a distinguished French 
statesman, was at that time the French minister 
at Constantinople. As soon as he heard what 
the English demands had been, and that the 
French had lost all in North America, he said, 
“ The English have overshot the mark. Their 
next step will be to tax their American colonies 
to help defray the expenses of * this war. The 
Americans, then no longer needing the protec¬ 
tion of England, will refuse to pay the tax, and 
strike off all dependence upon the mother coun¬ 
try.” This was in 1763. How true his prophecy 
was will readily appear when we observe that the 
Declaration of Independence was passed only 
thirteen years later. The British did tax the 
colonies, the colonies did refuse to pay the tax, 
and, the French power being entirely swept away, 
and the Spanish being far off beyond the Missis¬ 
sippi, they no longer feared any foreign nation, so 
that their own independence was only a question of 
time. The Stamp Act alienated the Americans, 


COLONIAL HISTORY. 


6 


the tax on tea exasperated them; hostilities were 
commenced, the Declaration of Independence was 
put forth, the war ensued, and the thirteen British 
colonies became an independent republic. 

The surrender of Cornwallis upon the plains 
of Yorktown occasioned the resignation of Lord 
North, and an entire change in the British min¬ 
istry. Yet it was more than a year before terms 
of peace could be agreed upon, and two years 
before the definitive treaty was signed. 

The First Continental Congress. — Sept. 5, 
1774, on the recommendation of Massachusetts, 
a Continental Congress consisting of delegates 
from twelve colonies assembled in Philadelphia. 
The youngest colony, Georgia, was not repre¬ 
sented. This gathering came to be known as 
the First Continental Congress. Many distin¬ 
guished men were members of it, such as John 
Adams and Samuel Adams of Massachusetts, 
Roger Sherman of Connecticut, John Jay of New 
York, Peyton Randolph, Richard Henry Lee, 
Patrick Henry, and George Washington of Vir¬ 
ginia. Peyton Randolph was chosen president. 
The Congress adopted the following resolution: 
“ That in determining questions in this Congress, 
each colony or province shall have one vote; the 
Congress not being possessed of, or at present 
able to procure, proper materials to ascertain the 
importance of each colony.” 


62 


REVOLUTIONARY HISTORY. 


The adoption of this rule proved to be a mat¬ 
ter of great importance subsequently, inasmuch 
as it continued in force through the entire Revo¬ 
lutionary War, and until the Federal Constitu¬ 
tion went into effect in 1789. 

The Congress drew up four papers, — an ad¬ 
dress to the king, another to the people of Great 
Britain, a third to the inhabitants of the colonies, 
and a fourth to the people of the province of 
Canada. They recommended that another Con¬ 
gress be called for the tenth of the following 
May, in case the grievances complained of were 
not previously redressed. No good results were 
obtained from these addresses to Great Britain, 
although several British statesmen, including 
Lord Chatham, spoke of them in terms of high¬ 
est admiration. 

Section III.—The Revolution. 

Second Continental Congress. — In accord¬ 
ance with the vote of the First Congress, the 
Second Continental Congress assembled at Phil¬ 
adelphia on the 10th of May, 1775. This Con¬ 
gress continued in session until March, 1781, and 
after that date it had annual sessions till the 
Federal Constitution went into effect in 1789. 
This Second Continental Congress was in reality 
the national government through the Revolu- 























































































































































































































































































































































































































































































































































































REVOLUTIONARY HISTORY. 


63 


tionary War. It appointed Washington as com- 
mander-in-chief of the army of the United Colo¬ 
nies; it adopted the Declaration of Independence; 
it assumed the power to carry forward all neces¬ 
sary measures for the defence of the country; it 
created a continental currency; it issued bills of 
credit; it established a treasury department and 
a general system of post-offices. It recommended 
that the several colonies should establish for them¬ 
selves such forms of government as promised best 
to secure good order during the continuance of 
the controversy with Great Britain. 

Articles of Confederation. — No sooner had 
independence been determined upon than it be¬ 
came obvious that the states would need some 
written articles which should bind them together 
and give proper authority to the Congress. A 
committee was therefore appointed to prepare 
“ Articles of Confederation.” These Articles were 
agreed upon by Congress on the 15th of Novem¬ 
ber, 1777. They were to go into operation when 
ratified by all the states. Eleven states ratified 
them in the year 1778, Delaware in 1779, and 
Maryland March 1, 1781, at which time they went 
into effect. But this was nearly five years after 
the Declaration of Independence. During all 
this time the Continental Congress constituted 
the national government, and had made the treaty 


64 


REVOLUTIONARY HISTORY. 


between the United States and France. The 
Articles of Confederation made but little differ¬ 
ence in the management of affairs. The Conti¬ 
nental Congress went right on with its work in 
the same order as before, and about six months 
later the surrender of Cornwallis virtually closed 
the war. Prior to the adoption of these Articles 
the government had been revolutionary, the Con¬ 
gress governing by common consent of the peo¬ 
ple of the states. These Articles were. the first 
attempt to draw the line between the powers of 
the national government and those to be exercised 
by the states severally. The tendency for state 
supremacy was strong. The colonies had been 
heretofore independent of each other, with only 
one common bond, — the common subjection to 
the mother country. It was the central govern¬ 
ment of Great Britain which had made arbitrary 
demands upon their rights and liberties. They 
were naturally timid of authority and fearful of 
centralized power. The Articles were therefore 
drawn up with the intention of leaving the largest 
possible powers with the several states, and of 
giving to the National Congress just as little 
power and authority as possible. They were “ as 
erroneous in theory as they were inefficient in 
practice.” The object aimed at by them was to 
confederate the several states together for general 


REVOLUTIONARY HISTORY . 65 

purposes of mutual assistance, especially in mat¬ 
ters of protection against foreign foes. 

Plan of the Confederation. — The Articles 
provided for one house of Congress .composed of 
delegates from the several states. Each state was 
to pay its own delegates, and the voting on all 
questions was to be by states. 

Matters of war and peace, treaties and alliances, 
were left with the Congress. This body could 
decide disputes between states, had charge of all 
postal matters, and power to regulate the value 
of money; but an affirmative vote of two-thirds of 
all the states was necessary for any important 
action to be taken. There was no executive de¬ 
partment and no judiciary. Congress could ap¬ 
portion taxes among the states, but had no power 
to collect them. Each state could lay duties and 
imposts. Congress had not even power to en¬ 
force its own laws. It could borrow money, but 
could make no provision for its payment. It 
could appoint ambassadors, but could not defray 
the necessary expenses. It could declare war, 
but could not raise a single soldier. “ In short, 
it could declare everything, but do nothing.” 
The Congress ratified the treaty of peace be¬ 
tween the United States and Great Britain, but 
this treaty was violated by the states, and Con¬ 
gress was powerless to prevent such violations. 


66 


REVOLUTIONARY HISTORY. 


The Confederation was merely a league between 
the states, embodying the greatest weakness when 
considered as a national government. Wash¬ 
ington at an early day saw the difficulty and 
danger, and that a new constitution was the great 
problem of the time. Alexander Hamilton, one 
of the ablest statesmen of that day, as early as 
1780 sketched the outline of a system of govern¬ 
ment which he thought to be necessary, and 
which embodied most of the essential features of 
our present constitution. 

Federal Convention. — It had become entirely 
evident both to Congress and the people that the 
Confederation as a government was a failure. 
The states were issuing more and more paper 
money. Congress repudiated the national debt, 
and the states repudiated their debts. The coun¬ 
try was rapidly becoming bankrupt. There were 
but few manufacturing establishments in Amer¬ 
ica, and the coin of the country was constantly 
transferred to England in payment for vast quan¬ 
tities of manufactured goods sent over from that 
country to this. The several states were stripped 
of money. The credit of the states and of the 
Congress was gone, and the absolute collapse of 
the United States government was imminent. 

Washington wrote to a member of Congress, 
“You talk, my good sir, of employing influence 


REVOLUTIONARY HISTORY. 6j 

to appease the present tumults in Massachusetts. 
Influence is not government. Let us have a gov¬ 
ernment by which our lives, liberties, and proper¬ 
ties will be secure, or let us know the worst at 
once.” 

Delegates from five states met in January, 1786, 
at Annapolis, Maryland, with reference to a uni¬ 
form system of commercial regulations. They 
reported to Congress their unanimous conviction 
that a general convention of delegates from the 
several states should be called to take such action 
as would render “ the Constitution of the Federal 
Government adequate to the exigencies of the 
Union.” On the 21st of February, 1787, Congress 
adopted the following resolution : — 

“ Resolved, That, in the opinion of Congress, 
it is expedient that, on the second Monday in 
May next, a convention of delegates, who shall 
have "been appointed by the several States, be 
held at Philadelphia, for the sole and express pur¬ 
pose of revising the Articles of Confederation, 
and reporting to Congress and the several legis¬ 
latures such alterations and provisions therein as 
shall, when agreed to in Congress and confirmed 
by the States, render the Federal Constitution 
adequate to the exigencies of government and 
the preservation of the Union.” 

Delegates from all the states except Rhode 


68 


REVOLUTIONARY HISTORY. 


Island met at Philadelphia, Monday, May 14th, 
1787. On the 25th, George Washington was 
unanimously elected President of the Convention. 
This Convention was without doubt the most 
celebrated gathering of able men ever seen in 
America. 

Among the thirty-nine members of the Con¬ 
vention who subscribed their names to the Con¬ 
stitution, five, viz., Sherman, Franklin, Robert 
Morris, Read, and Washington, were signers of 
the Declaration of Independence; Washington 
and Madison were afterwards Presidents ; Rut¬ 
ledge and Ellsworth became Chief Justices; 
Gerry was Vice-President, and Hamilton, Secre¬ 
tary of the Treasury; Livingston had been eleven 
times elected governor of his state ; Wilson was 
famed in four universities and was esteemed the 
greatest constitutional lawyer of the Convention ; 
and Dr. Franklin, then more than eighty years of 
age and very near the grave, rounded out his full 
life as a philosopher, statesman, diplomatist, by 
giving to his country at this her most critical 
period the great benefit of his own political expe¬ 
rience. All of these men had been “ identified 
with the heroic and wise councils of the Revo¬ 
lution.” 

The Convention had been called “for the sole 
and express purpose of revising the Articles of 


REVOLUTIONARY HISTORY. 


69 


Confederation.” It soon, however, became evi¬ 
dent that the only way of rendering this instru¬ 
ment “ adequate to the exigencies of government 
and the preservation of the Union ” was to throw 
it entirely away and frame a completely new docu¬ 
ment. At the very beginning of their discus¬ 
sions great differences of opinion were manifest. 
The members were generally divided into two 
classes, one favoring a strong national govern¬ 
ment, and the other opposed to anything which 
would tend to weaken state sovereignty or impair 
in any degree what they considered as state rights. 
Here then was the origin of the two great polit¬ 
ical parties, which have divided the American 
people from that day to this, — the states rights 
party and the national or federal party. 

But there were other questions of no small dif¬ 
ficulty which they were also obliged to meet at 
the outset: such as the diverse interests and jeal¬ 
ousies of large and small states, of free and slave 
states, of states agricultural and commercial; and 
should the states have equal power in the national 
government, or should that power be proportional 
to the population of the several states. 

Washington almost despaired, Franklin was 
seriously alarmed; but influenced by a spirit of 
mutual forbearance and concessions, various com¬ 
promises were proposed and agreed to concerning 


70 


REVOLUTIONARY HISTORY. 


slavery, and especially in providing for an equal¬ 
ity of the states in the Senate, and representation 
by population in the House. The present Con¬ 
stitution of the United States was agreed to by 
the convention, and received the signatures of 
members from all the participating states. This 
result was reached only by the most consummate 
wisdom, the most lofty patriotism, and such a 
degree of skill and ability as has seldom, if ever, 
elsewhere been witnessed in any assemblage of 
men. Washington said, “ It appears to me little 
short of a miracle.” 

The Constitution was finally agreed to by all 
the states present on the 15th of September, 1787. 
This was on Saturday. On the following Mon¬ 
day it was signed by the members, and submitted 
to the Congress. The votes throughout the whole 
time of the Convention had been by states, as in 
the Continental Congress. The Congress trans¬ 
mitted the new Constitution to each state, recom¬ 
mending its ratification. Although the Articles 
of Confederation provided that no change should 
be made in them except by a vote of every state, 
yet the Constitution provided that the new gov¬ 
ernment should go into effect when ratified by 
conventions of the people of nine states. 

For a long time it was uncertain whether the 
Constitution would be adopted or rejected. Most 


REVOLUTIONARY HISTORY. 


71 


of the smaller states were in its favor. Its adop¬ 
tion was closely contested in New York, Massa¬ 
chusetts, and Virginia. In a little less than one 
year from its adoption by the Convention, it had 
been ratified by eleven of the states. Congress 
then took measures to put the new government 
into operation. Elections of presidential electors, 
and of senators and representatives in Congress, 
were held in January, 1789. The presidential 
electors voted for President on the first Wednes¬ 
day of February; and the first Wednesday of 
March was decided upon by Congress as the 
time when the new Constitution should go into 
effect. 

George Washington was unanimously elected 
President, and John Adams was elected Vice- 
President. On the 4th of March the senators 
and representatives assembled in New York, the 
new Constitution went into legal operation, and 
proceedings were commenced under it. It was 
not, however, until the first day of April that a 
quorum of members in both houses was obtained, 
and on that day Congress began the transaction 
of business. Washington took the oath of office, 
and delivered his inaugural address, on Thurs¬ 
day, April 30th. On May 1st John Adams took 
his seat as president of the Senate. North Caro¬ 
lina ratified the Constitution in November, 1789; 
and Rhode Island, in May, 1790. 


72 


REVOLUTIONARY HISTORY. 


Dates of Ratification. — The following are the 
dates of the ratification of the Constitution by 
each of the thirteen original states: 

(1) Delaware, Dec. 7, 1787. 

(2) Pennsylvania, Dec. 12, 1787. 

(3) New Jersey, Dec. 18, 1787. 

(4) Georgia, Jan. 2, 1788. 

(5) Connecticut, Jan. 9, 1788. 

(6) Massachusetts, Feb. 6, 1788. 

(7) Maryland, April 28, 1788. 

(8) South Carolina, May 23, 1788. 

(9) New Hampshire, June 21, 1788. 

(10) Virginia, June 26, 1788. 

(n) New York, July 26, 1788. 

(12) North Carolina, Nov. 21, 1789. 

(13) Rhode Island, May 29, 1790. 

Thus was put into operation the Constitution 
of the United States of America, which Glad¬ 
stone, who is considered by many the greatest 
statesman of this age, has pronounced to be “the 
most wonderful work ever struck off at a given 
time by the brain and purpose of man.” 

It may truly be said that it embodies profound 
political wisdom and far-reaching statesmanship, 
while it jealously guards the rights of the people, 
providing various checks and safeguards against 
unjust, unwise, or dangerous legislation; and yet 
“ in its words it is plain and intelligible, and is 


REVOLUTIONARY HISTORY. 


73 


meant for the homebred, unsophisticated under¬ 
standings of our fellow-citizens.” 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What was the “ Contest of the Kings ”? 

2. Where was the first permanent Spanish settlement in 
the United States ? 

3. Where the first permanent English settlement? 

4. Draw a map of North America, showing Spanish, 
French, and English control at the middle of the eighteenth 
century. 

5. Draw a map showing the English and Spanish territory 
after 1763. 

6. Describe the battle of Quebec. 

7. What was the “ Supreme Moment in American History,” 
and why so called ? 

8. First Continental Congress. 

9. What important rule did it adopt? 

10. When did the Second Continental Congress convene? 

11. Name the essential points of weakness in the Articles of 
Confederation. 

12. Describe the Federal Convention. 

13. When did the Convention submit the Constitution to 
Congress ? 

14. When did the Constitution go into effect? 



BLACKBOARD OUTLINE. 


THE LEGISLATIVE DEPARTMENT.-THE CONGRESS. 


THE HOUSE OF REPRESENTATIVES. 

The Number of Representatives. Territorial Delegates. 

Qualifications. Officers. 

Impeachments. 


THE SENATE. 

Senators, how chosen. Presiding Officer. 

Qualifications. Officers of the Senate. 

The Trial of Impeachments. 

PROVISIONS RELATING TO BOTH HOUSES. 

Sessions of Congress. 

Salaries of Senators and Representatives. 


THE POWERS OF CONGRESS. 


Duties on Imports. 

Naturalization. 

Bankruptcies. 


Coin Money. 

Weights and Measures. 
The “Sweeping Clause.’’ 


RESTRICTIONS UPON THE NATIONAL GOVERNMENT. 


74 





PART SECOND. 


THE NATIONAL GOVERNMENT. 


CHAPTER I. 

THE LEGISLATIVE DEPARTMENT. 

Section I.— The Congress. 

The Preamble. -— The purpose of the Consti¬ 
tution of the United States is fully stated in the 
preamble. It is as follows: — 

1. To form a more perfect union. 

2. To establish justice. 

3. To insure domestic tranquillity. 

4. To provide for the common defence. 

5. To promote the general welfare. 

6. To secure the blessings of liberty to ourselves 

and our posterity. 

The National Element of Slow Growth.— 

The beginning of the nation was July 4th, 1776. 
During the Revolution and under the Articles 
of Confederation, great diversities prevailed among 
the people as to the proper limits of state rights 
and the proper extent of the Federal power. 
The weakness of the Articles of Confederation 


75 


76 


THE LEGISLATIVE DEPARTMENT. 


rendered it very clear that the national govern¬ 
ment must have conferred upon it more extended 
powers. The Constitution was a compromise in 
many respects between divergent parties, but on 
the question of national supremacy there was no 
compromise. The Articles of Confederation con¬ 
stituted an agreement or bond between the several 
states which were specified by name. The Con¬ 
stitution, on the other hand, was not a league of 
states, but a fundamental law adopted by the 
people of the whole country. Its first sentence, 
called the preamble, is especially significant: — 

“We, the people of the United States, in order to form 
a more perfect union, establish justice, insure do¬ 
mestic tranquillity, provide for the common defence, 
promote the general welfare, and secure the bless¬ 
ings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United 
States of America.” 


Section II.—The House of Representatives. 

By the Constitution all legislative powers for 
the national government are vested in a Congress 
of the United States, which consists of two 
houses, the Senate and the House of Representa¬ 
tives. As has already been stated, the people 
were influenced largely in organizing their new 
government by the plans and methods which they 


OF THE HOUSE OF REPRESENTATIVES, WASHINGTON 















































































































THE LEGISLATIVE DEPARTMENT . 


77 


had been familiar with in the mother country. 
Hence it was simply natural that following the 
example of the British Parliament, which con¬ 
sisted of the House of Lords and the House of 
Commons, two separate houses should here be 
provided for. 

During the revolutionary government and 
under the Articles of Confederation, the Conti¬ 
nental Congress had consisted of but one house. 
The states, however, in forming constitutions for 
themselves had, without exception, introduced 
the plan of two houses. 

The House of Representatives. — 

“ The House of Representatives shall be composed of 
members chosen every second year by the people 
of the several states.” 

Under the Confederation the members of Con¬ 
gress were chosen annually, and in such manner 
as the legislature of each state should authorize. 
The Constitution provides that representatives 
shall serve for two years, and that they shall be 
elected by “ the people.” Each state prescribes by 
law how the members of the state legislature shall 
be elected, and who shall have power to vote for 
such members. The Constitution prescribes that 
any one who can vote for a member of the House 
of Representatives in that state, can vote for a 
member of the National House of Representatives. 


78 


THE LEGISLATIVE DEPARTMENT. 


Qualifications. — Three qualifications, and only 
three, are required for a representative in Congress. 

1. He must be at least twenty-five years of age. 

2. He must have been seven years a citizen of the 

United States. 

3. He must, when elected, be an inhabitant of that 

state in which he shall be chosen. 

The Number of Representatives. — Every ten 
years after the census returns have been made, 
Congress provides by law for the number of 
representatives for the next ten years which each 
state shall be entitled to. It first determines how 
many members there shall be in the House, and 
it then apportions these members according to 
the population of the several states. The number 
of representatives for the different decades and 
the number of inhabitants for one representative 
during the last one hundred years have been as 
follows: — 


Period. 

No. of 

Ratio of 

Members. 

Population. 

1789-1793 

6 5 

— 

1 ^ 793-1803 

io 5 

33,OOO 

1803-1813 

141 

33,OOO 

1813-1823 

181 

35 >°°° 

1823-1833 

212 

40,000 

1833-1843 

240 

47,700 

1843-1853 

223 

70,680 

1853-1863 

234 

93 > 5 °° 

1863-1873 

241 

127,941 

1873-1883 

292 

I 3°>533 

1883-1893 

3 2 5 

I 5 I > 9 11 


THE LEGISLATIVE DEPARTMENT. 


79 


Sometimes the actual number of representa¬ 
tives has been greater than the number here given 
on account of the admission of new states. By 
the above table, it will be observed that at the 
present time the required number of inhabitants 
for one representative is 151,911, but every small 
state is entitled to one representative even if its 
population is less than the above number. 

Territorial Delegates. — Each organized ter¬ 
ritory is allowed by law of Congress to send one 
delegate to the House. He may participate in 
the discussions, but he is not allowed to vote. 

In the fifty-first Congress (1890), Washington, 
Montana, Dakota, Idaho, and Wyoming having 
been admitted as states, and Oklahoma organized 
as a territory, there were four territorial dele¬ 
gates. 

Officers. — 

“The House of Representatives shall choose their 
Speaker and other officers.” 

The Speaker is the presiding officer of the 
House. The Speaker is chosen from the mem¬ 
bers of the House and can vote on every question 
like any other member. The other officers of the 
House are: — 

1. Clerk. 3. Door-keeper. 

2. Sergeant-at-arms. 4. Postmaster. 

5. Chaplain. 


8o 


THE LEGISLATIVE DEPARTMENT. 


At the organization of each new Congress, the 
clerk of the preceding House presides till a 
Speaker is chosen. 

Impeachment. — The House of Representa¬ 
tives has the sole power to impeach civil officers 
of the United States. When an officer is im¬ 
peached, the House brings impeachment, specify¬ 
ing the charges against him, before the Senate. 
The method of impeachment is as follows: the 
House appoints a committee to inquire into the 
conduct of the officer who has been charged with 
improper acts. If this committee reports in favor 
of impeachment, the House votes upon the ques¬ 
tion. If the majority vote that the officer shall 
be impeached, articles are prepared specifying the 
charges, and action is taken upon each article. 
Then a committee is appointed to conduct the 
prosecution before the Senate. It is noticeable 
that but few officers have ever been subject to im¬ 
peachment. Indeed, in one hundred years but 
seven cases of impeachment have occurred. They 
are as follows: — 

1. William Blount, Senator. 1799. Acquitted. 

2. John Pickering, Judge. 1803. Convicted and 

removed from office. 

3. Samuel Chase, Judge. 1804. Acquitted. 

4. James H. Peck, Judge. 1830. Acquitted. 

5. West H. Humphreys, Judge. 1862. Convicted 


THE LEGISLATIVE DEPARTMENT. 


and disqualified from holding any office of 
honor, trust, or profit under the United States. 

6. Andrew Johnson, President. 1868. Acquitted. 

7. W. W. Belknap, Secretary of War. 1876. Ac¬ 

quitted. 

Thus it will be seen that of these seven cases 
of impeachment there have been only two con¬ 
victions, one of whom was simply removed from 
office, and the other was disqualified from holding 
office. 


Section III. —The Senate. 

The Senate consists of two members from each 
state. The peculiar composition of the Senate 
was occasioned by the natural jealousy which ex¬ 
isted between the states. It has already been 
seen that the several colonies became states, pre¬ 
serving their original boundaries. During the 
entire time of the Continental Congress all votes 
were taken by states, each state having but one 
vote. When the convention was framing the 
Constitution, the jealousy between the small 
states and the larger was strongly apparent. The 
larger states very naturally felt that they should 
have a stronger voice in legislative matters than 
the smaller states. On the other hand, the 
smaller states were unwilling to yield the equal 
power which had hitherto been accorded to them. 


82 


THE LEGISLATIVE DEPARTMENT . 


A compromise was effected by which the House 
of Representatives should be constituted upon a 
basis of population, and in the Senate the equality 
of the states should be retained. The Constitu¬ 
tion provides that, — 

“The Senate of the United States shall be composed 
of two senators from each state, chosen by the leg¬ 
islature thereto for six years; and each senator 
shall have one vote.” 

This clause contains four distinct provisions: — 

1. There shall be two senators from each state. 

2. They shall be chosen by the legislature of the 

state. 

3. They shall be chosen for the term of six years 

4. Each senator shall have one vote. 

Senators: how chosen. — In regard to the 
mode in which the legislatures are to choose the 
senators, the Constitution is silent. 

By an act of Congress passed July 25, 1866, it 
is provided that when the legislature of any state 
is to elect a senator in Congress, it shall proceed 
to the election of such senator on the second 
Tuesday after the organization of the legislature, 
and the election shall be conducted as follows : — 

Each house shall, by a viva voce vote, name a 
person for senator, and the name of the person 
who receives a majority vote shall be entered in 


THE SEMATE CHAMBEK, WASHINGTON 


EASTERN LOBBY 



WESTERN LOBBY 



























































































































































THE LEGISLATIVE DEPARTMENT. 83 

the journal of the house. If the house fails to 
give such a majority to any person, that fact shall 
be entered on the journal. On the next day at 
twelve o’clock the members of the two houses 
shall convene in joint assembly, and the journal 
of each house shall be read, and if the same per¬ 
son has received a majority of all the votes in 
each house, he shall be declared fully elected 
senator. If no one has such a majority, the joint 
assembly shall choose, by a viva voce vote of each 
member present, a person for senator. The per¬ 
son having a majority of all the votes of the joint 
assembly shall be declared elected. If there is 
no election that day, the joint assembly shall 
meet at twelve o’clock on each succeeding day, 
and shall take at least one vote each day until 
a senator is elected. 

The senators are divided into three classes, 
and, as they are chosen for six years, one-third 
of the whole number is chosen every second 
year. The representatives are chosen for two 
years, which is the length of time covered by one 
Congress. Whenever a new Congress convenes, 
one-third of the senators are either new members, 
or have been re-elected for a new term. It will 
be observed, that as one-third of the senators go 
out of office every two years, the Senate is a 
continuous body; while the members of the 


cS 4 


THE LEGISLATIVE DEPARTMENT. 


House are all swept off at once, and a new elec¬ 
tion brings in a new House every second year. 

Qualifications. — The qualifications of the 
senator are three : — 

1. He must be at least thirty years of age. 

2. He must have been nine years a citizen of the 

United States. 

3. He must, when elected, be an inhabitant of the 

state in which he is chosen. 

Presiding Officer. — It will be seen farther on, 
that the executive officer of the United States is 
the President. The Vice-President is chosen for 
the purpose of taking the place of the President 
when a vacancy in that office occurs; but unless 
some other duties were placed 'upon him, the 
Vice-President would have nothing to do so long 
as the President held his office; hence the con¬ 
vention determined to make him presiding officer 
of the Senate, which is done in the following 
clause: — 

“The Vice-President of the United States shall be 
president of the Senate, but shall have no vote 
unless they be equally divided.” 

The speaker of the House is a member of the 
House; but as the equality of the states is pre¬ 
served in the Senate, it would seem best to select 
the presiding officer from outside that body. 


THE LEGISLATIVE DEPARTMENT. 85 

The Vice-President would be likely to be less 
partial as a presiding officer than a senator would 
be, since he is elected by the whole country and 
not by a single state. 

Officers of the Senate. — The Senate shall 
choose their officers, and also a President pro 
tempore , in the absence of the Vice-President, or 
when he shall exercise the office of President of 
the United States. The officers of the Senate 
are : — 

1. The Secretary. 4. Sergeant-at-arms. 

2. Chief Clerk. 5. Door-keeper. 

3. Executive Gerk. 6. Chaplain. 

The Trial of Impeachments. — When the 
Senate is to try an impeachment, it sits as a 
court, and every senator must be on oath or 
affirmation. 

“ When the President of the United States is tried the 
chief-justice shall preside, and no person shall be 
convicted without the concurrence of two-thirds of 
the members present. 

“Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualifi¬ 
cation to hold and enjoy any office of honor, trust, 
or profit under the United States ; but the party 
convicted shall nevertheless be liable and subject 
to indictment, trial,, judgment, and punishment, ac¬ 
cording to law.” 


86 


THE LEGISLATIVE DEPARTMENT. 


Section IV. — Provisions relating to Both 
Houses of Congress. 

Sessions of Congress. — 

“The Congress shall assemble at least once in every 
year and such meeting shall‘be on the first Monday 
in December, unless they shall by law appoint a 
different day.” ' 

Although the new Congress comes into exist¬ 
ence on the fourth of March in each odd year, 
yet the first regular session will begin on the first 
Monday of December following. This first ses¬ 
sion may hold through an entire year, but if the 
business be completed Congress may adjourn at 
any time during the year. The second regular 
session begins on the first Monday of December 
following, and must close by the fourth of the 
next March, at which time the new Congress 
comes into existence. 

“Each house is the judge of the elections, returns and 
qualifications of its own members, and a majority of 
each shall constitute a quorum to do business.” 

Each house also determines, — 

“ The rules of its proceedings, punishes its members for 
disorderly behavior and with the concurrence of 
two-thirds may expel a member.” 


THE LEGISLATIVE DEPARTMENT. 87 

Salary of Senators and Representatives. — 

The senators and representatives are paid out of 
the treasury of the United States. Congress has, 
from time to time, increased the compensation of 
its members from six dollars a day in the House, 
and seven dollars a day in the Senate, until, by 
a law passed in 1874, the compensation of each 
representative and each senator was fixed at five 
thousand dollars per annum. The pay of the 
Speaker of the House and of the Vice-President, 
or if there is none, the President of the Senate 
pro tempore , is eight thousand dollars per annum. 
In addition to his salary every member of either 
house is allowed mileage, in coming and going 
between his home and Congress*, twenty cents 
per mile for every mile of travel by the usual 
route. 

“ All bills for raising revenue shall originate in the House 
of Representatives; but the Senate may propose 
or concur with amendments as on other bills.” 

This clause is adopted from the custom of the 
British Parliament. There, revenue bills must 
originate in the House of Commons. There is 
very little necessity in our present circumstances 
for this restriction. Raising revenue is under¬ 
stood to be confined to levying taxes. It is the 
custom for the Senate to originate bills which 


88 


THE LEGISLATIVE DEPARTMENT. 


imply the raising of money, or which will require 
the raising of money, as for example, bills to estab¬ 
lish post-offices, the mint, to regulate the sale of 
public land, etc. 

Section V.—The Powers of Congress. 

We come now to the consideration of the 
powers vested by the Constitution in the Con¬ 
gress. It should be remembered that when the 
Constitution was framed, the controversy was 
sharp and spirited between those who favored be¬ 
stowing large powers upon the national govern¬ 
ment, and those who, fearing that evils would 
result from such a course, were strenuous in their 
belief that large powers should be retained by the 
governments and the people of the several states. 
In consequence of this controversy, the Constitu¬ 
tion defines somewhat minutely special subjects 
upon which Congress shall have power to legis¬ 
late. It does not, however, contain an exhaustive 
enumeration of the powers of Congress, and does 
not mean that Congress shall not legislate on 
any subjects not here enumerated. This is evi¬ 
dent from the fact that power is given to Con¬ 
gress 

“To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers 
and all other powers vested by this Constitution in 


THE LEGISLATIVE DEPARTMENT 89 

the government of the United States, or in any de¬ 
partment, or officer thereof.” 

Elsewhere, the Constitution requires of Congress 
the exercise of powers not particularly mentioned; 
and in different places it implies that Congress 
must do certain things, which are not expressly 
provided for in the section specifying its particu¬ 
lar powers. 

The Constitution expressly enumerates the fol¬ 
lowing powers: — 

* The Congress has power 

“To lay and collect taxes, duties, imposts, and excises 
to pay the debts and provide for the common de¬ 
fence and general welfare of the United States; 
but all duties, imposts, and excises shall be uniform 
throughout the United States.” 

This gives to Congress the power to levy taxes 
for three purposes: — 

1. To pay the public debt. 

2. To provide for the common defence. 

3. To provide for the general welfare. 

The general government may levy a tax in 
three ways : — 

1. A direct tax upon persons, which may be either 
a poll tax or a property tax. 

2. An indirect tax upon goods imported into the 
country from abroad. 


90 


THE LEGISLATIVE DEPARTMENT. 


3. An indirect tax upon goods manufactured and 
used here. 

Previous to the civil war a direct tax had been 
laid but four times — in 1798, 1813, 1815, 1816. 
These taxes were levied upon lands, houses, and 
slaves. To pay the debt incurred in the civil 
war, direct taxes were again levied in 1861 and 
subsequently. 

Duties on Imports. — This government, during 
most of its existence, has been committed to the 
policy of laying duties on goods manufactured 
abroad and imported into this country. These 
duties on imports are of two kinds: — 

1. Specific duties. 2. Ad valorem duties. 

A specific duty is a tax levied on goods by 
weight, measure, or bulk; as, for example, a duty 
of fifty cents a yard on broadcloth, one dollar a 
ton on iron, or twenty cents a gallon on molasses. 

An ad valorem duty is levied according to the 
value or cost of the goods, as, ten per cent on 
iron, fifty per cent on the cost of brandy. These 
duties are collected under the direction of the 
treasury department. 

Naturalization. — Another power committed 
to Congress is, “to establish a uniform rule of 
naturalization.” 


THE LEGISLATIVE DEPARTMENT\ 


91 


Naturalization is an act by which a foreigner, 
called an alien, becomes a citizen of the United 
States. Under the confederation, each state 
passed laws naturalizing aliens. 

It is to be noticed that there has been a con¬ 
stant growth of national power. At first the 
several states were unwilling to give up their 
power to the federal government. Through the 
whole history of the nation, the dividing line 
between political parties has been upon this prin¬ 
ciple. One party has favored large state rights, 
and a minimum national power. The other party 
has advocated a strong national power. Here is 
an illustration: The laws upon the subject of 
naturalization, and the qualifications requisite in 
the different states were so various, that confusion 
and controversy resulted. To remedy these evils 
the Constitution gives Congress full power over 
the subject of naturalization, so that the laws 
shall be uniform throughout all the states. An 
alien, coming to this country from a foreign land 
must make application for citizenship; this is 
called his “ declaration of intention.” This decla¬ 
ration must be made at least two years before he 
can receive his naturalization papers. In this 
declaration he must declare on oath or affirma¬ 
tion that it is his intention to become a citizen of 
the United States, and to renounce all allegiance 


92 THE LEGISLATIVE DEPARTMENT. 

to the government of which he is at the time or 
has been a subject. 

Before he can receive his naturalization papers 
he must have resided in this country at least five 
years. There is one exception to this law. By 
an act passed in 1862, a soldier of the age of 
twenty-one years and upward, regularly discharged 
from the.army of the United States, may be ad¬ 
mitted to citizenship without a previous declara¬ 
tion of intention and with a single year’s residence. 
The children of a naturalized foreigner, who are 
under twenty-one years of age, residing in this 
country at the time the father received his 
naturalization papers, are considered citizens. 
The children of a citizen, who are born abroad, 
are citizens of the United States. 

When foreign territory has been incorporated 
into the Union, by treaty or otherwise, Congress 
has exercised the power of granting naturalization 
without previous residence. When territory is 
annexed to this country, the President and Senate 
have naturalized the inhabitants of such territory 
en masse. 

Bankruptcies. — The Congress also has power 
to make “ uniform laws on the subject of bank¬ 
ruptcies throughout the United States.” 

In England, the term bankrupt is generally 
limited to traders who fail to pay their debts, 


THE LEGISLATIVE DEPARTMENT. 


93 


while the word insolvent was applied to those not 
paying their debts who were not engaged in trade. 
The general usage, however, in the U nited States, 
has been to make the words bankrupt and insol¬ 
vent synonymous. In reality, a person is insolvent 
when he cannot pay his debts. He becomes a 
bankrupt by legal proceedings under a bankrupt 
law. Congress has exercised this power to pass 
uniform laws on bankruptcies at three different 
times. The first bankrupt law was passed in 
1800, and repealed three years later. The second 
was passed in 1841, and repealed within two 
years. The third was in effect from 1867 to 
1878. No national bankrupt laws are in force 
now. It is held that if Congress does not exer¬ 
cise its power to pass a bankrupt law, the several 
states can do so. The state laws are usually 
termed insolvent laws. 

Coin Money. — The Congress has power, — 

“To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and 
measures.” 

An Act of Congress passed in 1873 provided 
for the following coins : — 

1. Gold: The dollar piece; the two-dollar-and-a-half 
piece, or quarter-eagle; the three-dollar piece; the five- 
dollar piece, or half-eagle ; the ten-dollar piece, or eagle ; 
and the twenty-dollar piece, or double-eagle. 


94 THE legislative department 

2. Silver: The dollar, half-dollar, quarter-dollar, and 
dime. 

3. The “ minor coins ” are the five-cent piece and 
three-cent piece and one-cent piece. Two-cent pieces 
are not now coined. 

Weights and Measures. — This clause gives 
to Congress power “ to fix the standard, of 
weights and measures.” It is proper that the 
standard of weights and measures should be con¬ 
nected with money. The price or value of any 
commodity is fixed in money terms; but this 
commodity is either weighed or measured, and, 
therefore, the power which coins the money 
should fix the standard of weights and measures. 
Our weights and our measures have come to us 
through the ancient usages of Great Britain. It 
appears strange that the world should not have 
earlier established a uniform system. That twelve 
inches should make a foot, and three feet a yard, 
and that five and a half of this denomination 
should make a rod, and that forty of this is called 
a furlong, and that eight furlongs are a mile, is 
not complimentary to the civilization of our 
ancestors. 

We made a great gain when this government 
established our coins on the decimal system: ten 
cents make a dime, and ten dimes a dollar, and 
ten dollars an eagle. It will be a greater gain 


THE LEG/SLAT/VE DEPARTMENT. 95 

when the metric system for all weights and meas¬ 
ures shall have come into universal use. The 
metric system has been legalized by an act of 
Congress ; but it is to be feared that the day is 
somewhat distant when it shall have come into 
general use in this country. 

Various Powers. — Congress has power,— 

“To provide for the punishment of counterfeiting the 
securities and current coin of the United States. 
“To establish post-offices and post-roads.” 

Congress has power to grant copy rights to 
authors and patent rights to inventors. 

“To define and punish piracies and felonies committed 
on the high seas, and offences against the law of 

. nations. 

“To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water. 
“To raise and support armies; but no appropriation of 
money to that use shall be for a longer term than 
two years. 

“To make rules for the government and regulation of 
the land and naval forces.” 

“ The Sweeping Clause.” —The final clause, 
enumerating the powers conferred by the Con¬ 
stitution upon Congress, reads as follows : — 

“ To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, 


9 6 THE LEGISLATIVE DEPARTMENT. 

and all other powers vested by this Constitution in 
the government of the United States, or in any de¬ 
partment or officer thereof.” 

This clause is what Patrick Henry called “ the 
sweeping clause,” by which, as he thought, Con¬ 
gress was to overthrow the states. Great op¬ 
position to this clause was manifested by. the 
state-rights party during the time in which the 
Constitution was under discussion by the people 
and by state conventions prior to its adoption. 

Nothing is plainer than that the government 
has under this Constitution full national powers, 
and is limited only by the restrictions imposed by 
the Constitution itself. Judge Story says: “It 
would be almost impracticable, if it were not use¬ 
less, to enumerate the various instances in which 
Congress, in the progress of the government, has 
made use of incidental and implied means to ex¬ 
ecute its powers. They are almost infinitely 
varied in their ramifications and details.” 

Chief-Justice Marshall says: “A power vested 
carries with it all those incidental powers which 
are necessary to its complete and efficient execu¬ 
tion.” 

This principle has been acted upon by the 
general government from 1789 to the present 
day. 


THE LEGISLATIVE DEPARTMENT\ 


97 


Section VI. — Restrictions upon the National 
Government. 

The Constitution provides, that the slave trade 
could be prohibited by the Congress after the 
year 1808. At that time a law of Congress went 
into effect imposing heavy penalties upon persons 
engaged in the slave trade. In 1820 the slave 
trade was declared to be “ piracy,” to be punished 
with death. 

Since the late civil war, our nation has happily 
been freed from the incubus of human slavery. 

The Constitution expressly prohibits any ex 
post facto law and any bill of attainder. 

It is also provided that direct taxes levied by 
the national government shall be in proportion 
to the population, and that no title of nobility 
shall be granted by the United States, and also 
that “No money shall be drawn from the treasury 
but in consequence of appropriations made by 
law.” 


Restrictions upon the States. 

It may also be stated just here that the Consti¬ 
tution places the following restrictions upon the 
several states: — 

1. No state shall enter into any treaty, alliance, or 
confederation. 


9 8 


THE LEGISLATIVE DEPARTMENT\ 


2. Grant letters of marque and reprisal. 

3. Coin money. 

4. Emit bills of credit. 

5. Make anything but gold and silver coin a tender 
in payment of debts. 

6. Pass any bill of attainder, ex post facto law, or 
law impairing the obligation of contracts. 

7. Or grant any title of nobility. 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What are the purposes of the Constitution? 

2. Describe the growth of the national element. 

3. What advantages from having two houses of Congress. 

4. How are the representatives to Congress chosen? 

5. Qualifications. 

6. Number of representatives. 

7. Territorial delegates — how many? What for ? 

8. Officers of the House — what are they and how chosen? 

9. Who is liable to impeachment, and how is impeach¬ 
ment brought about ? 

10. Senators — how chosen? 

11. Qualifications of senators. 

12. Presiding officer in Senate and other officers. 

13. The trial of impeachments — how carried on? 

14. What is meant by a “ session ” of Congress? 

15. What is meant by a “ Congress ”? 

16. Are the salaries of senators and members of Congress 
the same ? Why should they be ? 



THE LEGISLATIVE DEPARTMENT. 


99 


1 7. Tell us all about “ national taxes.” 

18. Meaning of ad valorem and specific. 

19. Describe the process for becoming naturalized. 

20. Discriminate the meaning of the words “ bankrupt ” 
and “ insolvent.” 

21. What was Patrick Henry’s objection to the “sweeping 
clause ” ? 

22. Name some restrictions upon Congress. Where are 
they found in the Constitution? Read in full the section. 

23. Name the restrictions here placed upon the several 
states. What section and article in the Constitution is this ? 


BLACKBOARD OUTLINE. 


THE EXECUTIVE DEPARTMENT. 

The President. | The Vice-President. 

How Elected. 


PRESIDENTIAL 

How many. 

How elected. 

When elected. 


ELECTORS. 

Vote wheh. 

Votes counted when. 
President inaugurated when. 


President’s Qualifications. 
President’s Duties. 


Presidential Succession. 
Executive Departments. 


ioo 




CHAPTER II. 


THE EXECUTIVE DEPARTMENT. 

In the natural order of things, we have con¬ 
sidered, first the legislative department of our 
national government. We now proceed to exam¬ 
ine the second great department, the executive 
power. This is treated of under the second article 
of the Constitution which begins as follows: — 

“ The executive power shall be vested in a President of 
the United States of America. He shall hold his 
office during the term of four years, and, together 
with the Vice-President, chosen for the same term, 
be elected as follows : ” 

By this clause we observe that,— 

I-. The executive power is vested in one person. 

2. He is elected for the term of four years. 

3. The Vice-President is elected for the same term. 

The following is the list of the Presidents, with 
their terms of office : — 

1. George Washington, two terms, 1789 to 1797. 

2. John Adams, one term, 1797 to 1801. 

3. Thomas Jefferson, two terms, 1801 to 1809. 

4. James Madison, two terms, 1809 to 1817. 

IOI 


102 


THE EXECUTIVE DEPARTMENT 


5. James Monroe, two terms, 1817 to 1825. 

6. John Quincy Adams, one term, 1825 to 1829. 

7. Andrew Jackson, two terms, 1829 to 1837. 

8. Martin Van Buren, one term, 1837 to 1841. 

9. William Henry Harrison, one month, 1841. 

10. John Tyler, three years and eleven months, 1841 

to- 1845. 

11. James K. Polk, one term, 1845 to 1849. 

12. Zachary Taylor, one year and four months, 1849 

to 1850. 

13. Millard Fillmore, two years and eight months, 

1850 to 1853. 

14. Franklin Pierce, one term, 1853 to 1857. 

15. James Buchanan, one term, 1857 to 1861. 

16. Abraham Lincoln, four years and one month, 

1861 to 1865. 

17. Andrew Johnson, three years and eleven months, 

1865 to 1869. 

18. Ulysses S. Grant, two terms, 1869 to 1877. 

19. Rutherford B. Hayes, one term, 1877 to 1881. 

20. James A. Garfield, four months, 1881. 

21. Chester A. Arthur, three years and eight months, 

1881 to 1885. 

22. Grover Cleveland, one term, from 1885 to 1889. 

23. Benjamin Harrison, from 1889 to — 

It will be seen by the above table that we have 
had twenty-two Presidents in one hundred years. 
Of these, seven have been elected for a second 
term. Four Vice-Presidents have succeeded to 
the presidency by the death of the President. 


THE TREASURY BUILDING. 
















































































































THE EXECUTIVE DEPARTMENT. 103 

Presidential Electors. — The Constitution 
says that,— 

“ Each state shall appoint, in such manner as the legis¬ 
lature thereof may direct, a number of electors 
equal to the whole number of senators and repre¬ 
sentatives to which the state may be entitled in the 
Congress; but no senator or representative, or per¬ 
son holding an office of trust or profit under the 
United*States, shall be appointed an elector.” 

The several points embodied in this clause are 
as follows : — 

1. The President is appointed by electors, and not 
by the immediate vote of the people. 

2. The number of electors in each state. 

3. Any person holding a United States office is 
prohibited from being an elector. 

It was thought by the framers of the Constitu¬ 
tion, that, if the direct choice of the President 
was taken from the people, and placed in the 
hands of electors chosen by the people, who would 
unquestionably be selected from the ablest and 
most trustworthy men of the nation, a wiser 
choice of President would be insured than if the 
people of the whole country were to vote directly 
for this officer. It was evidently the thought of 
the framers of the Constitution, that, after the 
electors had been appointed, they should meet 
and discuss the question and then determine for 


104 


THE EXECUTIVE DEPARTMENT. 


whom their votes should be cast. The result, 
however, has proved that the election of Presi¬ 
dent is not left in the hands of the electors, but 
is, in reality, determined by the people when they 
elect the presidential electors. 

According to the custom which now prevails, 
the electors are practically pledged beforehand to 
vote for a certain candidate, who has been pre¬ 
viously nominated in a national convention of a 
political party. The electors therefore exercise 
no discretion in their vote. 

Number of Electors. — The number of elect¬ 
ors is determined by the Constitution. 

1. In the first place, each state is entitled to 
two electors corresponding to the equality of the 
states in the Senate. 

2. In addition to these two, the number of 
electors to which each state is entitled, is fixed 
in accordance with the population of the state. 
We have seen that Congress determines once in 
ten years the number of representatives to which 
each state is entitled in the Congress. Each 
state is then entitled to as many electors as it 
has representatives in Congress. The whole 
number of electors therefore for each state is 
equal to the whole number of representatives 
and senators which that state sends to the Con¬ 
gress. 


THE EXECUTIVE DEPARTMENT. 105 

Time of choosing Electors. — The day for 

choosing the electors was fixed by an act of Con¬ 
gress, passed in 1845, as the Tuesday next after 
the first Monday in November. All the states 
choose their electors on the same day. The 
legislature of each state directs the manner in 
which these electors shall be elected. There 
have been heretofore four different modes of 
electing the electors: — 

1. By joint ballot of the state legislatures. 

2. By a concurrent vote of the two branches of the 
legislature. 

3. By the popular vote of the state on one joint ticket. 

4. By the people voting in districts. 

The method now adopted by all the states is 
that of the people of the whole state voting by 
general ticket. By this method the vote of no 
state is divided, but the entire state vote is 
counted for the electoral college as nominated by 
one party or another. 

Electors Vote. — In accordance with an act 
passed by Congress, February 3d, 1887, the elect¬ 
ors meet in their respective states on the second 
Monday in January, to give their votes for Presi¬ 
dent and Vice-President. 

The electors give separate votes for the Presi¬ 
dent and Vice-President by ballot. They then 
make three certificates of all the votes given. 


io 6 


THE EXECUTIVE DEPARTMENT 


These certificates they must sign and seal, and 
certify on each certificate that there is contained 
within a list of the votes of the electors of such a 
state (naming it), for President and Vice-Presi¬ 
dent. One of these certificates is delivered to 
the judge of the United States District Court for 
that district in which the electors are assembled. 
A second certificate is forwarded forthwith, by 
mail, to Washington, directed to the President 
of the Senate. The electors appoint a person as 
special messenger to take the third certificate, 
carry it to Washington and deliver it to the 
President of the Senate. This special messenger 
is paid a sum fixed by law, on the mileage princi¬ 
ple. The three certificates of the election of 
these electors are transmitted with the certificates 
of their votes. 

Votes Counted. — The votes for President 
and Vice-President are counted on the second 
Wednesday of February in the hall of the House 
of Representatives in presence of both houses of 
Congress, the President of the Senate presiding. 
On that day the Senate marches in a body from 
the senate chamber to the other wing of the 
Capitol, and enters the hall of the House, the 
members of the House standing to receive them. 
All being seated, the President of the Senate 
opens the certificates in the presence of the two 


THE EXECUTIVE DEPARTMENT . loy 

houses, and hands them to the tellers, previously 
appointed by the two houses respectively, who 
count the votes, state by state, in alphabetical 
order, beginning with the letter A, and each vote, 
together with the aggregate vote, is declared by 
the presiding officer. This method gives dignity 
and insures fairness in the proceeding. 

Election by the House. — In case no person 
receives a majority of the votes cast by the elect¬ 
ors for President, the choice of a President is 
referred to the House of Representatives. The 
House must immediately proceed to the election 
of President, and the members are restricted in 
their votes to the three highest candidates in the 
vote by the electors. In thus voting for the 
President, the vote must be taken by states, the 
representatives from each state having one vote. 
The vote cannot be taken except a quorum shall 
be present, and this quorum is determined by the 
Constitution to be one or more representatives 
present from two-thirds of the states. It is pos¬ 
sible that the House might be so divided as to 
be unable to elect any one of these three highest 
candidates. The Constitution provides for this 
emergency. The House must continue voting 
until the fourth day of March, when the session 
and the Congress expires. In case they make no 
choice prior to that date, then the Constitution 


io8 


THE EXECUTIVE DEPARTMENT. 


provides, that “ The Vice-President shall act as 
President, as in the case of death, or other consti¬ 
tutional disability of the President.” 

Vice-President elected by the Senate. — If 

there is no election of Vice-President by the 
electors, the Senate, immediately after the vote has 
been counted, — that is, on the second Wednesday 
in February, — proceeds to choose a Vice-Presi¬ 
dent. There must be a quorum present for this 
purpose; and the Constitution fixes that quorum 
as two-thirds of the whole number of senators, 
and a majority of the whole number shall be 
necessary to a choice. The senators must choose 
the Vice-President from the two highest numbers 
on the list voted for by the electors. 

As the Vice-President may become President, 
the Constitution wisely provides that, — 

“No person constitutionally ineligible to the office 
of President shall be eligible to that of Vice-President 
of the United States.” 

Qualifications. — The qualifications for Presi¬ 
dent are as follows : — 

1. He must be a native-born citizen. 

2. He must have attained to the age of thirty-five 
years. 

3. He must have been for fourteen years a resident 
within the United States. 


THE EXECUTIVE DEPARTMENT. 109 

No other qualifications than these three are 
fixed by the Constitution. The qualifications for 
the Vice-President are the same as for the Presi¬ 
dent. 

Observe the qualifications requisite for repre¬ 
sentatives to Congress, for senators, and for the 
President and Vice-President. 

1. A representative must be twenty-five years of age ; 
a senator, thirty; and a President or Vice-President, 
thirty-five. 

2. A representative must have been a citizen of the 
United States seven years; a senator, nine years ; and 
a President or Vice-President must be native born. 

3. A representative must be an inhabitant of the 
state for which he is chosen ; a senator the same; and 
a President must have resided within the United 
States fourteen years. 

The Vice-President. — So long as the Presi¬ 
dent performs the duties of his office, the Vice- 
President has no connection with the executive 
department, but is merely President of the Senate. 
In the case of the removal, resignation, or inability 
of the President, the Vice-President becomes Pres¬ 
ident for the remainder of the presidential term. 

The Vice-President has filled the presidential 
chair in four instances : — 

1. After the death of President Harrison, Vice-Presi¬ 
dent John Tyler filled the office of President from 1841 
to 1845. 


I IO 


THE EXECUTIVE DEPARTMENT. 


2. On the death of President Taylor, Millard Fillmore 
was President from 1850 to 1853. 

3. Andrew Johnson, after the death of Abraham Lin¬ 
coln, was President from 1865 to 1869. 

4. Chester A. Arthur succeeded to the presidency on 
the death of President Garfield, and held that office 
from 1881. to 1885. 

No Vice-President who had become President 
has died during his term of office. Congress has, 
however, by a law passed January, 1886, provided 
that in case of the removal, death, resignation, 
or inability of both the President and Vice-Presi¬ 
dent of the United States, the Secretary of State, 
if there be one, shall become President, and hold 
the office during the remainder of the presidential 
term of four years; and in case there is no Sec¬ 
retary of State, or in case of his removal, death, 
resignation, or inability, then the Secretary of the 
Treasury, and next in order the Secretary of War, 
the Attorney-General, the Postmaster-General, the 
Secretary of the Navy, and the Secretary of the 
Interior. 

If either of the foregoing officers does not have 
the three qualifications requisite for a President, 
he is not eligible to fill the vacancy, and the next 
officer in order who is eligible would become 
President for the remainder of the the term. 


THE EXECUTIVE DEPARTMENT. 111 

Salary. — The salary of the President was 
originally fixed at twenty-five thousand dollars a 
year. Since 1873 it has been fifty thousand dol¬ 
lars a year. The salary of the Vice-President is 
eight thousand dollars a year. 

The Powers of the President. — 

1. “The President shall be commander-in-chief of 
the army and navy of the United States and of the 
militia of the several states when called into actual 
service of the United States.” 

2. “ He shall have power to grant reprieves and par¬ 
dons for offences against the United States, except in 
cases of impeachment.” 

3. He makes treaties with foreign nations with the 
advice and consent of the Senate. 

4. He appoints “ ambassadors, foreign ministers and 
consuls, judges of the Supreme Court, and all other 
officers of the United States whose appointments are 
not herein provided for, and which shall be established 
by law.” 

5. He has power to make temporary appointments 
of officers of the United States when vacancies happen 
during the recess of the Senate. 

Impeachment. —“The President, Vice-Presi¬ 
dent, and all civil officers of the United States 
shall be removed from office on impeachment for 
and conviction of treason, bribery, or other high 
crimes and misdemeanors.” 


I 12 


THE EXECUTIVE DEPARTMENT. 


Executive Departments. — The executive bus¬ 
iness of the government is divided among eight 
executive departments as follows : — 

1. The Department of State. 

2. The Department of the Treasury. 

3. The Department of War. 

4. The Department of the Navy. 

5. The Department of the Post-Office. 

6. The Department of the Interior. 

7. The Department of Justice. 

8. The Department of Agriculture. 

The Constitution places the full executive 
power in the hands of one man, the President. 
It makes no provision for the Cabinet; but it 
gives the President authority to “ require the 
opinion in writing of the principal officer in each 
of the executive departments upon any subject 
relating to the duties of their respective offices.” 
This implies that executive departments will be 
established so that the various and multiform 
duties pertaining to the executive work of the 
national government may be efficiently and 
systematically performed. The eight depart¬ 
ments just mentioned have been established by 
Congress, and several of them have been sub¬ 
divided into bureaus. The heads of all these 
departments are appointed by the President, by 
and with the advice and consent of the Senate, 


THE EXECUTIVE DEPARTMENT . 113 

The salaries of these officers are eight thousand 
dollars each per annum. 

The Department of State. — Originally this 
was styled the Department of Foreign Affairs. 
The Secretary of State is generally considered 
the highest officer in rank of the executive de¬ 
partments under the President. It is his duty to 
keep the seal of the United States, and to affix it 
to all commissions granted by the President. He 
issues all proclamations in the name of the Presi¬ 
dent, and furnishes copies of papers and records 
of his office when required. 

He keeps the correspondence with foreign 
powers and preserves the original of all laws, 
public documents and treaties with foreign 
nations. It is his duty to conduct the corre¬ 
spondence with our ministers and consuls to other 
countries, with foreign ministers accredited to our 
government, and in general he has charge of mat¬ 
ters pertaining to our foreign relations. He issues 
passports to our citizens visiting foreign countries, 
and warrants for the extradition of criminals to be 
delivered up to foreign governments. 

The Department of State has a diplomatic 
bureau, a consular bureau and a domestic bureau. 

Public Ministers and Consuls. — All persons 
who are sent abroad to represent our government 
are connected with the Department of State. 


114 


THE EXECUTIVE DEPARTMENT. 


The different ranks of our ministers are as 
follows: — 

1. Ambassadors. 

2. Envoys Extraordinary and Ministers Plenipoten¬ 
tiary. 

3. Ministers Resident. 

4. Charges d' Affaires. 

5. Secretaries of Legation. 

The Ambassador and the Envoy Extraordi¬ 
nary, and Ministers Plenipotentiary have the 
same pay and appear to be of the same rank. 
Strictly speaking, we never send ambassadors to 
foreign governments. The salaries of our foreign 
ministers range from ten thousand dollars to 
seventeen thousand five hundred dollars a year. 

Charges cTAffaires receive five thousand dollars 
each. The Secretary of Legation is the clerk to 
the Foreign Embassy. Consuls are not diplo¬ 
matic agents of our government, but are com¬ 
mercial agents residing abroad, whose duty it is 
to watch over the interests of our commerce and 
of our citizens, in the ports of the different coun¬ 
tries. They are charged also with protecting the 
rights of our seamen. The salaries of Consuls- 
General and commercial agents range from one 
thousand dollars to six thousand dollars per 
annum. Many consuls are paid principally by 
fees. 


THE NEW STATE, WAR, AND NAVY BUILDING 










































































































































































































































































































































































































































































THE EXECUTIVE DEPARTMENT. 


5 


The Treasury Department. — Of late years 
the importance of this department has gradually 
increased. During the Civil War the govern¬ 
ment issued bank bills, termed “ greenbacks,” 
and established a system of national banks, which 
have increased materially the number of officers 
and employees in this department. Under the 
Secretary of the Treasury are the following 
officers : — 

1. The Comptroller. 

2. Auditor. 

3. Treasurer. 

4. Register. 

5. Assistant Secretary. 

This department has charge of the revenue, 
superintends its collection, grants warrants for 
money to be issued from the treasury, in pursu¬ 
ance of appropriations made by law, and gener¬ 
ally performs all needful services relative to the 
finances of our country. In the Treasury Depart¬ 
ment are the following bureaus: — 

1. The Bureau of the First Comptroller. 

2. The Bureau of the Second Comptroller. 

3. The Bureau of the First Auditor. 

4. The Bureau of the Second Auditor. 

5. The Bureau of the Third Auditor. 

6. The Bureau of the Fourth Auditor. 

7. The Bureau of the Fifth Auditor. 

8. The Bureau of the Sixth Auditor. 


THE EXECUTIVE DEPARTMENT. 


11 6 


9. Treasurer. 

10. Register. 

11. Commissioner of Customs. 

12. Comptroller of Currency. 

13. Commissioner of Internal Revenue. 

14. Bureau of Statistics. 

15. The Mint. 

16. Bureau of Engraving and Printing. 

Coast Survey. — The office of the Coast Sur¬ 
vey is connected with the Treasury Department. 
This office prepares charts from actual surveys 
of the seacoast of the United States. The sur¬ 
veys of the Great Lakes are under the control of 
the War Department. 

Light-Houses. — The light-houses of the 
United States were formerly under the control 
of the Treasury Department, but for nearly forty 
years past have been committed “ to the Light- 
House Board of the United States.” This board 
consists of three officers of the army, three of the 
navy, and two civilians noted for their scientific 
attainments, with the Secretary of the Treasury 
president of the board ex officio. This board has 
in charge between one thousand and two thou¬ 
sand light-houses, besides light-vessels, beacons 
and buoys innumerable. 

Under this department also is the Supervising 
Architect, who has general charge of the plans 
and construction of all United States buildings, 

O 1 



THE EXECUTIVE DEPARTMENT II7 

such as custom-houses, court-houses, post-offices, 
etc. 

The War Department. — This department has 
various subdivisions as follows : — 

1. The Office of Adjutant-General. 

2. The Office of the Quartermaster-General. 

3. The Office of the Commissary-General. 

4. The Office of the Postmaster-General. 

5. The Office of the Chief of Engineers. 

6. The Ordnance Office. 

7. The Signal Office. 

8. The Bureau of Military Justice. 

The Bureau of Military Justice is in charge of 
an officer with the rank of a Brigadier-General, 
called a Judge-Advocate-General. Under this 
department is the United States Military Acad¬ 
emy at West Point. This school was estab¬ 
lished for the education of officers for the army. 

West Point. — The students are termed cadets, 
and number between three and four hundred. 
They are appointed as follows: One from each 
congressional district, one from each of the 
organized territories, one from the District of 
Columbia, and ten from the United States at 
large. These are all appointed by the President, 
but each member of the national House of Rep¬ 
resentatives nominates the candidate for his dis¬ 
trict. The President appoints the ten candidates 


THE EXECUTIVE DEPARTMENT. 


at large. Candidates for appointment must not 
be less than seventeen nor more than twenty-two 
years of age, and they are expected to serve in 
the army eight years, unless sooner discharged. 

The examination for admission to West Point 
is careful and accurate upon the elements of a 
good education. In arithmetic, geography, Eng¬ 
lish grammar, reading, writing, spelling, and the 
history of the United States, thoroughness and 
accuracy are required. 

It has become customary of late for congress¬ 
men to hold competitive examinations, and to 
nominate for vacant positions at West Point 
those who have passed the best examinations in 
respect to mental qualifications and scholarship, 
with good physical health, strength, and develop¬ 
ment. 

The superintendent and principal members of 
the faculty are regular officers in the army. 

Each cadet receives an allowance during his 
term of study sufficient to pay his necessary 
expenses for clothing, board, etc. The entire 
expense of the academy is met by the United 
States government. Congress makes annually 
for this purpose an appropriation of three hun¬ 
dred thousand dollars or more. 

The Department of the Navy. — This depart¬ 
ment is divided into eight bureaus, as follows: — 


THE EXECUTIVE DEPARTMENT. 


19 


1. The Bureau of Yards and Docks. 

2. The Bureau of Equipment and Recruiting. 

3. The Bureau of Navigation. 

4. The Bureau of Ordnance. 

5. The Bureau of Medicine and Surgery. 

6. The Bureau of Provisions and Clothing. 

7. The Bureau of Steam Engineering. 

8. The Bureau of Construction and Repairs. 

Naval Academy. — Under the charge of this 
department is maintained, at Annapolis, Mel., a 
naval academy similar to the military academy at 
West Point. To enter this academy as cadet- 
midshipman, the student must not be less than 
fourteen, nor more than eighteen, years of age. 
The same number is allowed as at West Point, 
and by the same method of appointment. The 
course of study embraces six years, and the student 
on graduating becomes midshipman, subject to 
promotion as vacancies occur. This academy re¬ 
quires an annual appropriation from the govern¬ 
ment of two hundred thousand dollars or more. 

The Department of the Post-Office. — Proba¬ 
bly this is the oldest department under our gov¬ 
ernment. Prior to the Revolution the British 
government had established a system of mails 
through these colonies, and Dr. Benjamin Frank¬ 
lin was the superintendent of this system. In 
July, 1775, only a month later than the battle of 


120 


THE EXECUTIVE DEPARTMENT. 


Bunker Hill, Doctor Franklin received from the 
Second Continental Congress the appointment of 
Postmaster-General of the United Colonies. 

In September, 1789, the first Congress under 
the Constitution made provision for the establish¬ 
ment of the post-office system, and appointed a 
Postmaster-General. As a matter of fact, the 
Federal government never passed an act estab¬ 
lishing the Post-Office Department. It was as¬ 
sumed to be in existence, and various acts were 
passed for regulating its management. There 
are three assistant postmasters-general: The 
first assistant is in charge of the Appointment 
Office, the second of the Contract Office, the third 
of the Finance Office. There is also a Superin¬ 
tendent of Foreign Mails. 

The chief officer of the Money-Order Bureau is 
styled the Superintendent of the Money-Order 
System. 

It will readily appear that great care, prompt¬ 
ness, and accuracy is needed in assorting mail- 
matter and preparing it for delivery. Especially 
is this true of the principal lines of railroads 
leading to large cities; for example, between New 
Haven and New York, or between Philadelphia 
and New York; and a large number of mail- 
agents are required in the mail-cars, whose busi¬ 
ness it is to assort the mail-matter, and deposit it 


THE EXECUTIVE DEPARTMENT 


I 2 I 


in proper pouches, carefully marked, that on ar¬ 
rival at New York the matter can at once be 
placed in the proper boxes in the post-office and 
delivered with the least possible loss of time. 

Distributing Offices. — Formerly, in all large 
cities, there was a distributing post-office. Into 
this department the mail-pouches had to be 
brought from all directions, which contained mat¬ 
ter to be forwarded to distant points. All this 
matter had to be overhauled, arranged, and put 
into the proper pouches for further transportation; 
for example, at New York, mail-matter from New 
England, designed for the South and West, would 
be all poured out upon large tables, assorted, di¬ 
vided, and thrown into proper pockets for carrying 
to Philadelphia, Harrisburg, Baltimore, Washing¬ 
ton, etc.; while at the same time, and at the same 
distributing office, would be received the mails 
from the South and West, to be overhauled in 
like manner, and forwarded to the East. 

Much time was consumed by this frequent 
change and examination of mail-matter. Time 
has now become so important a factor in the 
transaction of business that every facility must 
be employed for the rapidity of transmission. 
Hence most of the distributing offices have been 
abolished, and mail-pouches are now made up in 
Boston, New York, Philadelphia, and all large 


122 


THE EXECUTIVE DEPARTMENT. 


cities, to be forwarded through to the most dis¬ 
tant points, like San Francisco, Portland, Mon¬ 
treal, and Quebec. 

Cheap Postage. — Formerly, but within the 
recollection of persons now living, it cost five 
cents to transmit an ordinary letter to any post- 
office within thirty miles, ten cents for a longer 
distance, and from that up to twenty-five cents 
across the continent. 

All postage was then paid by the receiver at 
the end of the route. Fifty years ago there was 
no prepayment of postage, and more than forty 
years ago a law was passed by Congress estab¬ 
lishing the postage of a single letter at three 
cents for any distance within our* country, pro¬ 
vided the sender should pay the postage; if not 
prepaid, the postage should be five cents. 

In this way people became accustomed to pre¬ 
paying postage, so that after a few years another 
act was passed by Congress, requiring prepay¬ 
ment of postage on all letters, establishing the 
rate at three cents for an ordinary letter without 
regard to distance. At the present time the 
postage on letters not exceeding an ounce in 
weight is two cents to any part of our country, 
and including the British Provinces of North 
America. 

Some years ago a postal league was entered 


THE EXECUTIVE DEPARTMENT 


123 


into by the principal civilized nations of the earth, 
establishing the uniform rate of five cents as the 
postage for all letters, of proper weight, from any 
one of the countries within the postal league to 
any other. 

The experiment of cheap postage, which was 
first introduced into Great Britain, a generation 
or more ago, has proved entirely successful. In 
that country the contest for this improvement 
was severe and protracted. Rowland Hill and 
others devoted themselves with great energy to 
the philanthropic enterprise of bringing about 
this much-needed reform. 

When the reduction of rates had proved suc¬ 
cessful in the mother country, it was quickly 
introduced by our government, and from time to 
time, as the rate of postage has been diminished, 
it has been found that the receipts of the Post- 
Office Department have increased. At the present 
time the Post-Office Department more than pays 
for itself, excepting in the more sparsely popu¬ 
lated districts of some sections of our country. 

The Department of the Interior. — This de¬ 
partment was established in 1849. Under it 
are: — 

1. The Patent Office. 

2. The Pension Office. 

3. The Land Office. 


124 


THE EXECUTIVE DEPARTMENT 


4. The Science Bureau. 

5. The Bureau of Indian Affairs. 

6. The Bureau of Education. 

The business of the Patent Office is conducted 
under the direction and control of the Commis¬ 
sioner of Patents, who receives applications and 
superintends the granting and issuing of patents 
in accordance with the various acts of Congress 
passed at different times on this subject. The 
business of the office is to grant letters-patent to 

“ inventors or discoverers of any new or useful art, ma¬ 
chine, manufacture or composition of matter, or 
any new and useful improvement on such, which 
had previously been unknown, and which had not 
been used by others, and which 'had not been on 
sale or in public use for more than two years prior 
to the application for a patent.” 

The Patent Office employs many clerks called 
examiners, who investigate the claims of every 
invention for which a patent is solicited. The 
patent itself is the official document issued in the 
name of the United States, and is granted for 
the period of seventeen years. Its actual cost is 
thirty dollars. 

Each article offered for sale by the patentee 
must have stamped upon it the word “ patent ” 
with the date when the patent was issued. 


THE PATENT-OFFICE BUILDING 




















































































































































































































































































































































































































































































































































































































































































































































































































































































THE EXECUTIVE DEPARTMENT. 125 

The Pension Office. — Since the Civil War, this 
office has grown to gigantic proportions. It has 
in charge the entire matter of granting pensions 
and keeping the accounts thereof in accordance 
with the laws passed by Congress at different 
times upon this subject. The Pension Office in 
Washington is an immense building, filled with 
clerks who are constantly employed in keeping 
the records and attending to the accounts of pen¬ 
sions and pensioners. The business of this office 
has grown from year to year, and the amount of 
money disbursed by it has increased, until, at the 
present time, the aggregate amount of pensions 
paid is in the neighborhood of one hundred mil¬ 
lion dollars a year. 

The Land Office. — The . chief officer of this 
bureau is styled the Commissioner of the General 
Land Office. Under the commissioner are the 
following officers: — 

1. Surveyors-General. 

2. Registers of Land Offices. 

3. Receivers of Land Offices. 

Many years ago the United States adopted a 
system of survey for the public lands. This sys¬ 
tem provides that the immense tracts of western 
lands belonging to the United States government 
should be divided into ranges, townships, sec- 


126 


THE EXECUTIVE DEPARTMENT. 


tions, and fractions of sections. The ranges are 
bounded by meridian lines six miles apart, and 
are numbered from a standard or principal meri¬ 
dian east and west. These ranges are divided 
into townships of six miles square, and numbered 
from a given parallel north and south. 

The townships are divided into thirty-six sec¬ 
tions, each one mile square, and hence embrac¬ 
ing six hundred and forty acres. These sections 
are divided, as may be needed, into halves, quar¬ 
ters, eighths, and in some cases sixteenths. The 
sections in a township are numbered as indicated 
in the following diagram : — 


6 

5 

4 

3 

2 

■ 

7 

8 

9 

10 

11 

12 

18 

17 

16 

i 5 

14 

13 

1 9 

20 

21 

22 

2 3 

2 4 

3 ° 

29 

28 

2 7 

26 

2 5 

3 1 

3 2 

33 

34 

35 

36 


This system of marking the division of lands makes 
the description of any individual tract very simple. 













THE EXECUTIVE DEPARTMENT. 


127 


If one should purchase a section, the deed 
would specify the number of the section, — in 
such a township and such a range; or if a quar¬ 
ter-section were purchased, the description might 
be as follows : — 

The northeast quarter of section twenty-four, 
township seventeen north, range nine east of 
third principal meridian. The government sells 
this land and issues a patent, which is signed by 
a secretary appointed by the President, and also 
signed by a proper recorder of the land office. 

The quarter-section is one hundred and sixty 
acres. These quarter-sections are divided into 
lots of forty acres each. If one lot was sold, it 
would be indicated as follows : — 

The northwest quarter of northeast quarter of 
section seventeen. 




B 

A 



C 

D 










Section 17. 


In the above diagram the description just given 
applies to lot B. 









128 


THE EXECUTIVE DEPARTMENT. 


The Bureau of Indian Affairs. — This bureau, 
established in 1832, is in charge of a Commis¬ 
sioner of Indian Affairs, and has the management 
of all matters arising out of the relation of the 
government to the Indians. It cares for, pays to, 
or expends for, their benefit, all moneys due on 
account of lands ceded by Indians to the national 
government; looks after their interests in lands 
reserved; has begun the work of allotting and 
patenting a certain portion to each member of 
the tribe individually; preserves order upon In¬ 
dian reservations through Indian police' and 
Indian courts; employs agents, farmers, and 
mechanics to live among the Indians and teach 
them the occupations and customs of civilized 
life; assists the Indians in building houses, open¬ 
ing farms, and getting a start in civilization; and 
educates their children. 

Indian Schools. —On Indian reservations are 
many day schools; but as a rule, Indian children 
are educated in industrial boarding schools. 
Most of these are on reservations; but the gov¬ 
ernment supports also large schools off reserva¬ 
tions among white communities, where the pupils 
have special opportunities for acquiring civilized 
habits and customs. In addition to these schools, 
which are wholly sustained by the government, 
the Indian Office makes contracts for the educa- 


THE EXECUTIVE DEPARTMENT 


129 


tion of Indian youth in various private or denom¬ 
inational schools. The work of the Indian Bureau, 
and especially of the Indian schools, is growing in 
importance and in public interest. Many think 
that all tribal relations should cease, and that the 
Indians should be treated as individuals, the same 
as all other races are treated. 

The Bureau of Education. — This bureau was 
established by Congress nearly twenty-five years 
ago for the purpose of collecting statistics relat¬ 
ing to educational matters in the different states 
and territories of the Union, and of promoting 
the progress of education throughout the nation. 
It is especially designed as a central medium of 
communication on educational subjects between 
the various states of the Union and between 
this country and foreign nations. It is placed in 
charge of an officer styled the United States 
Commissioner of Education^ This bureau has 
proved itself of great educational value to the 
country. 

The Department of Justice. — The office of 
Attorney-General was created by the first Con¬ 
gress in 1789, but the Department of Justice was 
not established until 1870. This officer, however, 
has always been recognized as a member of the 
Cabinet. Under the Attorney-General are: — 


30 


THE EXECUTIVE DEPARTMENT. 


1. The Solicitor-General. 

2. An Assistant Attorney-General. 

3. An Assistant Attorney-General for the Court of 

Claims. 

4. An Assistant Attorney-General in the Department 

of the Interior. 

5. An Assistant Attorney-General in the Post-Office 

Department. 

6. A Solicitor of Internal Revenue. 

7. Naval Solicitor. 

8. Examiner of Claims. 

9. Solicitor of the Treasury. 

10. An Assistant Solicitor. 

All of these officers are appointed by the 
President and Senate. Besides these officers, in 
this department are employed many persons as 
clerks, copyists, etc. 

Money and Banking. — We have already con¬ 
sidered the coins of our country. Our money 
system is bi-metallic, both gold and silver coins 
being legal tender. The gold and silver coins 
are the ordinary and legitimate legal tender in 
payment of debts. This is customary among the 
nations generally. 

The rapid growth of our country, with the cor¬ 
responding increase of business and population, 
has made it impossible for us to secure a sufficient 
amount of coin to carry on the necessary business 
of the country. Moreover, bank bills are far 


THE EXECUTIVE DEPARTMENT. 13 I 

more convenient than either gold or silver for 
large business transactions. 

Banks were early established under charters 
from the various states. This is not prohibited 
by the Constitution. Prior to the Civil War, the 
bank notes issued by the various state banks in all 
parts of the country amounted to a very large 
sum, and were an important aid in carrying for¬ 
ward the immense business of the country. 

The exigencies of the times during the Civil 
War, especially the need for very large sums of 
money by the government to carry on the war, 
gave occasion for new legislation by the national 
government upon this subject. 

In 1864 a bill was passed by Congress, provid¬ 
ing for a bureau of currency in the Treasury 
Department under the direction of an officer 
called the Comptroller. This bill provides that 
national banks may be formed by voluntary asso¬ 
ciations, with power to issue bills^receive deposits, 
loan money, and perform the ordinary functions 
of banks. 

A year or two later Congress passed another 
act, levying a tax of ten per cent upon all notes 
issued by state banks used for circulation after 
August 1, 1866. Practically, this, of course, ex¬ 
cluded the bills of the state banks from circulation, 
so that nearly all of those banks throughout the 


132 


THE EXECUTIVE DEPARTMENT 


country either closed their business, or transferred 
it to national banks, which were formed to take 
the place of the old state banks. 

Treasury Notes. — During the war the gov¬ 
ernment issued a paper currency, usually denomi¬ 
nated treasury notes, or, as they were called in 
common language, “ greenbacks,” from the cir¬ 
cumstance that the engraved back of the note 
was printed in green ink. The government 
made these greenbacks legal tender in payment 
of debts, and paid them out from time to time for 
army supplies, soldiers’ pay, and other current 
expenses. 

Large amounts of these greenbacks continued 
to circulate throughout the country with a some¬ 
what uncertain and fluctuating value until 1879, 
when the government began to redeem them in 
gold at par. Since then their circulation has 
been continued on a par value with gold and the 
national bank notes. The government, however, 
has redeemed and retired them to such an extent 
that the amount in circulation is now very small. 
It will thus be seen that the Treasury Depart¬ 
ment of government acts in some sense as a 
bank of issue. It does not loan the money as 
other banks do, but pays out its bills for current 
expenses. 

The Constitution provides that the national 


THE EXECUTIVE DEPARTMENT . 


133 


government shall absolutely control the coinage 
of money. It prohibits the states severally from 
making anything but gold and silver coin a legal 
tender in payment of debts, and now, by bringing 
into operation this system of national banks, 
which has proved so eminently successful, our 
federal government, as it would appear, has 
established the principle that all forms of money 
and currency should be under its control. 

The Department of Agriculture. — This 
department was formerly a bureau under the 
Department of the Interior. By a recent Act of 
Congress, on account of its growing importance 
and the rapidly increasing value of its work, it 
has been made into a distinct department, under 
the direction of a chief officer styled the Secretary 
of Agriculture, who is a member of the Presi¬ 
dent’s Cabinet. 


134 


THE EXECUTIVE DEPARTMENT . 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. Qualifications for President and Vice-President. 

2. When are presidential electors elected? 

3. Who can vote for presidential electors? 

4. When do the presidential electors cast their votes? 

5. When, where, and how are their votes counted ? 

6. When does the President take his seat, and what is the 
length of his term of office ? 

7. Describe the new law for the presidential succession. 

8. Enumerate the. powers and duties of the President. 

9. What is the President’s salary? 

10. How are treaties made with foreign nations? 

11. How do the qualifications for representative, senator, 
and President differ? 

12. If there is no choice for the President by the vote of 
the electors, how is the President to be chosen? 

13. If the electors make no choice for Vice-President, how 
is the Vice-President to be chosen? 

14. How can a President be removed? 

15. What officers constitute the President’s Cabinet? 

16. Write out in order the executive departments, and give 
the official title for the chief officer in these several depart¬ 
ments. 

17. Name the principal duties of the Secretary of State. 

18. Give some account of our ministers to foreign govern¬ 
ments. 

19. Give a brief account of the Military Academy at West 
Point. 

20. Of the Naval Academy at Annapolis. 


THE EXECUTIVE DEPARTMENT. 


135 


21. Write an account of the national system of surveying 
and plotting public land. 

22. Give some account of the Post-Office Department. 

23. Of money and banking. 

24. How is mail matter transported and distributed? 

25. Give some account of the bureau of Indian affairs. 

26. The Bureau of Education. 

2 7. The Pension Office. 


BLACKBOARD OUTLINE. 


THE JUDICIAL DEPARTMENT. 

i. The Supreme Court. | 2. The Circuit Court. 

3. The District Court. 

SPECIAL COURTS. 

1. Court of Claims. 

2. Supreme Court of the District of Columbia. 

3. Supreme Courts in the Territories. 

4. District Courts in the Territories. 


136 


CHAPTER III. 


THE JUDICIAL DEPARTMENT. 

The Constitution provides that there shall be 
“ one Supreme Court and such inferior courts as 
Congress may from time to time ordain and 
establish.” In accordance therewith, Congress 
has established the following system of United 
States courts: — 

1. The Supreme Court. 

2. The Circuit Court. 

3. The District Court. 

Besides these there are : — 

1. Court of Claims, established in 1855. 

2. Supreme Court of the District of Columbia. 

3. Supreme Courts in the Territories. 

4. District Courts in the Territories. 

The Supreme Court at the present time con¬ 
sists of a Chief Justice and eight associate jus¬ 
tices. These nine justices correspond to the num¬ 
ber of circuits, and one of them is assigned to 
each circuit. There are nine Circuit Courts, with 
nine judges of these courts. Appeals may be 
taken from the Circuit Court to the Supreme 
Court. The Circuit Courts are presided over by a 

137 


138 THE JUDICIAL DEPARTMENT. 

Circuit Judge, a District Judge, a Justice of the 
Supreme Court, or any two of them. These Cir¬ 
cuit Courts are again divided into districts, every 
state having at least one District Court. Some of 
the larger states are divided into two or more 
districts. 

The salaries of the district judges vary from 
thirty-five hundred dollars to five thousand dol¬ 
lars. The judges of the Circuit Courts receive a 
salary of six thousand dollars. The associate 
justices of the Supreme Courts have a salary of ten 
thousand dollars; and the Chief Justice of this 
court receives ten thousand five hundred dollars. 

Only certain kinds of cases can be brought 
before the United States courts. . These courts 
have jurisdiction in the following cases: — 

1. All cases in law and equity arising under the Con¬ 
stitution, the laws of the United States, and treaties 
made, or which shall be made, under their authority. 

2. All cases affecting ambassadors, other public 
ministers, and consuls. 

3. All cases of admiralty and maritime jurisdiction. 

4. Controversies to which the United Stafes shall be 
a party. 

5. Controversies between two or more states. 

6. Controversies between a state and the citizens of 
another state. 

7. Controversies between citizens of different states. 

8. Controversies between citizens of the same state, 
claiming lands under grants of different states. 


THE JUDICIAL DEPARTMENT. 


139 


9. Controversies between a state or the citizens 
thereof and foreign states, citizens, or subjects. 

The judicial power of the United States is here 
extended to controversies between a state and 
citizens of another state. This clause gave much 
discussion at the time the Constitution was 
adopted, and the states were unwilling to be 
subjected to lawsuits brought in the federal 
courts by citizens of other states. Accordingly, 
an amendment to the Constitution was proposed, 
and on the 8th of January, 1798, the President 
announced to the Congress that the amendment 
had been adopted by three-fourths of the states, 
and was, therefore, a part of the Constitution. 
This constitutes the eleventh of the amendments, 
and is as follows : — 

“The judicial power of the United States shall not be 
construed to extend to any suit in law, commenced 
or prosecuted against one of the United States by 
citizens of another state, or by citizens or subjects 
of any foreign state.” 

Such cases must be brought before the state 
courts. 

The Constitution provided that whether in the 
United States courts or in the courts of any state 

“The trial of any crimes, except in cases of impeach¬ 
ment, shall be by jury; and such trials shall be 
held in the state where the said crimes shall have 


140 THE JUDICIAL DEPARTMENT. 

been committed ; but when not committed within 
any state the trial shall be at such place or places 
as Congress may by law have directed.” 

A jury consists of twelve men, selected accord¬ 
ing to law, to determine matters of fact in a legal 
trial. The right of trial by a jury of one’s peers 
was a right highly esteemed by the people, of 
Great Britain, which they a long time ago com¬ 
pelled their king to yield to them. This right is 
here made a part of the Constitution of our coun¬ 
try, and although not yielding all the good fruit 
which might be desired, yet is considered as one 
of the guaranties of a fair trial to any one accused 
of crime. 

This clause provides that all trials for crime 
shall be held in the state where such cfime has 
been committed. 

Treason. — 

“Treason against the United States shall consist only 
in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person 
shall be convicted of treason unless on the testi¬ 
mony of two witnesses to the same overt act, or on 
confession in open court.” 

This clause defines treason as consisting of 
only two things : — 

i. In levying war against the United States. 


THE JUDICIAL DEPARTMENT. 


141 


2. In adhering to their enemies, giving them aid and 
comfort, and it provides that, 

“ No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, 
or on confession in open court.” 

“ The Congress shall have the power to declare the 
punishment of treason ; but no attainder of treason 
shall work corruption of blood, or forfeiture, except 
during the life of the person attainted.” 

The terms here used refer to an English cus¬ 
tom. The old English law provided certain con¬ 
sequences as to the mode of execution of one who 
had been convicted of treason. He was to be 
put to death in a cruel manner, and his conviction 
involved what was called attainder, arid this worked 
corruption of blood, or forfeiture. 

There was no judgment of attainder, but the 
attainder was incident to the conviction as a mat¬ 
ter of course. This attainder, as a natural conse¬ 
quence, was supposed to include corruption of 
blood, or forfeiture. His property of every kind 
was forfeited. His children could not inherit 
property from his ancestors through him. What 
was termed “ corruption of blood ” destroyed the 
power to inherit property. 

Our Constitution prescribes that the offender 
himself shall bear the punishment. It shall not 
descend to his children. There may be forfeiture, 


142 THE JUDICIAL DEPARTMENT. 

but this is rather in the nature of a fine, made at 
his conviction. This clause does not mean that 
the forfeiture shall extend only during the life of 
the person. The forfeiture or fine once made, of 
course the property or fine goes to the govern¬ 
ment permanently and not temporarily. 


THE JUDICIAL DEPARTMENT. 


143 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. Describe the organization of the Supreme Court of the 
United States. 

2. What is the salary of the justices ? 

3. Describe the United States Circuit Courts. 

4. Who may preside in a Circuit Court? 

5. Describe the District Courts. 

6. Name the salary of a judge of the Circuit Court. 

7. What are the limits of the salary of the district judges? 

8. What cases may be brought before the United States 
District Courts? 

9. Circuit Courts? 

10. The Supreme Court? 

11. What courts try ordinary cases of crime, and suits be¬ 
tween citizens of any one state ? 

12. Should a crime be committed in a post-office building, 
or a custom-house building owned by the United States, in 
what court would the case be tried ? 

13. Discuss the question of “ trial by jury.” 


BLACKBOARD OUTLINE. 


MISCELLANEOUS PROVISIONS. 

‘ ‘ Full Faith and Credit. ” “ Records. ’ ’ 

“Public Acts.” “Judicial Proceedings.’ 


New States. 
Territories. 


Republican Government 
Amendments. 


144 





CHAPTER IV. 


MISCELLANEOUS PROVISIONS. 

The Constitution provides that: — 

“ Full faith and credit shall be given to the public acts, 
records, and judicial proceedings of every other 
state, and the Congress may, by general laws, pre¬ 
scribe the manner in which said acts, records, and 
proceedings shall be proved, and the effect thereof.” 

1. “ Full faith and credit.” By these words 
are meant that the other state shall give the 
same credit, which the state itself gives to the 
acts, etc., when these have been proven. 

2. “ Public acts.” By these are meant the 
laws of the state, or the action of the legislature. 

3. “ Records.” These refer to general matters 
of legal record, such as laws, real estate records, 
legislative journals, etc. 

4. “ Judicial proceedings.” The reference here 
is to the acts of the courts, judgments, orders, 
proceedings. In obedience to the last part of 
the clause, Congress, at an early date, passed an 
act specifying that the acts of the legislature of a 
state shall be authenticated by its seal. The 
same act also specifies the form of proof neces- 

M5 


4 6 


MISCELLANEOUS PROVISIONS. 


sary for the records of a court, and the attesta¬ 
tion of the clerk together with the certificate of 
the judge. Such records and proceedings must 
receive full faith and credit in the courts of other 
states. 

New States.— 

“ New states may be admitted by the Congress into this 
Union ; but no new state shall be formed or erected 
within the jurisdiction of any other state, or any 
state be formed by the junction of two or more 
states, without the consent of the legislatures of 
the states concerned, as well as of the Congress.” 

The first added state was Vermont, which was 
admitted into the Union by an act of Congress 
in 1791. 

In 1792, Kentucky was admitted. 

In 1796, Tennessee was admitted. 

In 1803, Ohio was admitted. 

In 1812, Louisiana was admitted. 

In 1816, Indiana was admitted. 

In 1817, Mississippi was admitted. 

In 1818, Illinois was admitted. 

In 1819, Alabama was admitted. 

In 1820, Maine was admitted. 

In 1821, Missouri was admitted. 

In 1836, Arkansas was admitted. 

In 1837, Michigan was admitted. 

In 1845, Florida was admitted. 


MISCELLANEOUS PROVISIONS. 14; 

In 1845, Texas was admitted. 

In 1846, Iowa was admitted. 

In 1848, Wisconsin was admitted. 

In 1850, California was admitted. 

In 1858, Minnesota was admitted. 

In 1859, Oregon was admitted. 

In 1861, Kansas was admitted. 

In 1863, West Virginia was admitted. 

In 1864, Nevada was admitted. 

In 1867, Nebraska was admitted. 

In 1876, Colorado was admitted. 

In 1889, North Dakota was admitted. 

In 1889, South Dakota was admitted. 

In 1889, Montana was admitted. 

In 1889, Washington was admitted. 

In 1890, Idaho was admitted. 

In 1890, Wyoming was admitted. 

It will thus be seen that by the recent admis¬ 
sion of the six states last mentioned, we now 
have in our federal Union forty-four states. 

Territories. — 

“The Congress shall have power to dispose of, and 
make all needful rules and regulations, respecting 
the territory or other property belonging to the 
United States, and nothing in this Constitution 
shall be so construed as to prejudice any claims of 
the United States, or of any particular state.” 


148 MISCELLANEOUS PROVISIONS. 

In accordance with this provision, Congress 
has from time to time passed laws regulating the 
organization of the territories and providing for 
territorial governments. We have at the pres¬ 
ent time, in addition to the forty-four states just 
mentioned, the District of Columbia, the Indian 
Territory, the unorganized Territory of Alaska, 
and four territories with regularly organized ter¬ 
ritorial governments as follows : — 

1. New Mexico. 3. Utah. 

2. Arizona. 4. Oklahoma? . 

Republican Government. — 

“The United States shall guarantee to every state in 
this Union a republican form of government, and 
shall protect each of them against invasion, and, on 
application of the legislature, or of the executive 
when the legislature cannot be convened, against 
domestic violence.” 

By this section a republican government is 
made obligatory upon all the states. No partic¬ 
ular department of the United States government 
is charged with this duty. It would seem reason¬ 
able that Congress should decide what govern¬ 
ment is the established one in a state, and this 
has been sanctioned by a decision of the Supreme 
Court. It would seem necessary also that the 


MISCELLANEOUS PROVISIONS . 


149 


President, as the executive officer of the national 
government, and commander-in-chief of the 
armies of the nation, should see that the provi¬ 
sions of this section should be enforced. 

Amendments. — 

“The Congress, whenever two-thirds of both houses 
shall deem it necessary, shall propose amendments 
to this Constitution, or, on application of the legis¬ 
lature of two-thirds of the several states, shall call 
a convention for proposing amendments, which, in 
either case, shall be valid to all intents and purposes, 
as part of this Constitution, when ratified by the 
legislatures of three-fourths of the several states, 
or by conventions in three-fourths thereof, as the 
one or the other mode of ratification may be 
proposed by Congress : provided that no amend¬ 
ment which may be made prior to the year one 
thousand eight hundred and eight shall in any man¬ 
ner affect the first and fourth clauses in the ninth 
section of the first article, and that no state, with¬ 
out its consent, shall be deprived of its equal suffrage 
in the Senate.” 

Two modes of proposing amendments are here 
given, and there may be two modes of ratifica¬ 
tion : — 

1. Amendments to the Constitution may be proposed 
to the several states by a two-thirds vote of both 
houses in Congress. 


150 MISCELLANEOUS PROVISIONS. 

2 . Amendments may be proposed by a convention, 
on the application of the legislatures of two-thirds of 
the states. 

Whenever amendments have been proposed to 
the states by either of these methods, there are 
two ways in which they may be ratified: — 

1. By the legislatures of three-fourths of the several 
states. 

2. By conventions in three-fourths of the several 
states, as the one or the other mode of ratification may 
be proposed by Congress. 

As a matter of fact, all the amendments which 
have been hitherto made have been proposed to 
the states by Congress; and they Jiave all been 
ratified by the legislatures. It is probable that 
this method, which has proved satisfactory in the 
past, will not be departed from in the future. 

Supreme Law of the Land.— 

“This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all 
treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme 
law of the land ; and the judges of every state shall 
be bound thereby, anything in the constitution or 
laws of any state to the contrary notwithstanding.” 

This clause is of paramount importance in 
showing that the government of the United 


MISCELLANEOUS PROVISIONS . I 51 

States is supreme, and must be, not merely over 
the people, but over the land of the whole country, 
in all places belonging to this nation. 

The Constitution, laws, and treaties are here 
made the supreme law of the land; and the state¬ 
ment is explicit and emphatic, that “the judges 
of every state shall be bound thereby, anything 
in the constitution or laws of any state to the 
contrary notwithstanding.” 

“ The ratifications of the conventions of nine states shall 
be sufficient for the establishment of this Constitu¬ 
tion between the states so ratifying the same.” 

As a matter of fact, the adoption of this Con¬ 
stitution was a peaceful revolution. 

The Articles of Confederation provided as fol¬ 
lows : — 

“ And the Articles of this Confederation shall be inviola¬ 
bly observed by every state, and the union shall be 
perpetual; nor shall any alteration at any time here¬ 
after be made in any of them, unless such alteration 
be agreed to in a Congress of the United States, 
and be afterwards confirmed by the legislatures of 
every state.” 

They further provide, — 

“ That the articles thereof shall be inviolably observed 
by the states they respectively represent, and that 
the union shall be perpetual.” 


152 


MISCELLANEOUS PROVISIONS. 


Contrary, then, to these provisions of the Arti¬ 
cles of Confederation, which were emphatically the 
supreme law of the land, this Constitution pro¬ 
vides that it should go into effect between nine 
states as soon as ratified by that number,, 


MISCELLANEOUS PROVISIONS. 


53 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What is meant by “ full faith and credit ”? 

2. “ Public acts ”? 

3. “ Records”? 

4. “ Judicial proceedings ”? 

5. How may new states be admitted? 

6. What power has Congress over the territories? 

7. What has been the uniform method of proposing amend¬ 
ments to the Constitution ? 

8. What has been the uniform method of adopting amend¬ 
ments to the Constitution? 


BLACKBOARD OUTLINE. 


AMENDMENTS TO THE CONSTITUTION. 

First Ten Amendments. — A Bill of Rights. 

Eleventh Amendment. — Judicial Department. 

Twelfth Amendment. — The Election of President. 

Thirteenth Amendment. — Slavery. 

Fourteenth Amendment. — Citizenship, Congressional Represen¬ 
tation, Inability to hold Office under the United States, the 
Public Debt. 

Fifteenth Amendment. — Shall not deny or abridge the right to 
vote. 

Putting the Constitution into Operation. 


*54 


CHAPTER V. 


THE AMENDMENTS TO THE CONSTITUTION. 

Conventions were called in the several states 
to discuss and adopt, or reject, this Constitution. 
After a time it was adopted by all of the thirteen 
original states, yet in several conventions there 
was a strong desire for certain modifications to 
satisfy the evident will of the people. 

Congress, at its first session under the Consti¬ 
tution, proposed to the states twelve articles of 
amendment. Of these articles ten were ratified 
by the legislatures of three-fourths of the states, 
and became part and parcel of the Constitution 
from the fifteenth day of December, 1791. These 
constitute the first ten of the amendments to the 
Constitution. They, in general, relate to the 
rights of the people and to limitations of govern¬ 
ment. (The teacher is advised to turn to the 
Constitution, and read these amendments, dis¬ 
cussing them in an informal way with the class.) 

The Eleventh Amendment was proposed at the 
first session of the Third Congress, in 1794, and 
was declared adopted as a part of the Constitu¬ 
tion January 8, 1798. 


156 AMENDMENTS TO THE CONSTITUTION . 

This amendment, which has been already con¬ 
sidered, restricts the judicial power of the United 
States in suits at law between one of the United 
States and citizens of another state. 

The Twelfth Amendment relates to the manner 
of electing President and Vice-President, and has 
already been considered. It was proposed by the 
first session of the Eighth Congress, in 1803, and 
was adopted by the requisite number of states the 
next year. At present there are three other 
amendments, the Thirteenth, Fourteenth, .and 
Fifteenth, all of which have grown out of the 
Civil War. 

The Thirteenth Amendment. — 

“Neither slavery nor involuntary servitude, except as a 
punishment for crime, whereof the party shall have 
been duly convicted, shall exist within the United 
States, or any place subject to their jurisdiction. 

“ Congress shall have power to enforce this article by 
appropriate legislation.” 

This amendment was proposed by Congress in 
1865, and ratified by the constitutional number of 
states the same year. 

The Fourteenth Amendment. — 

“ All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens 
of the United States and of the state wherein they 


AMENDMENTS TO THE CONSTITUTION . 157 

reside. No state shall make or enforce any law 
which shall abridge the privileges or immunities of 
citizens of the United States; nor shall any state 
deprive any person of life, liberty, or property with¬ 
out due process of law, nor deny to any person 
within its jurisdiction the equal protection of the 
laws. 

Representatives shall be apportioned among the sev¬ 
eral states, according to their respective numbers, 
counting the whole number of persons in each state, 
excluding Indians not taxed. But when the right 
to vote at any election for the choice of electors for 
President and Vice-President of the United States, 
representatives in Congress, the executive and 
judicial officers of a state, or the members of the 
legislature thereof, is denied to any of the male 
inhabitants of such state, being twenty-one years of 
age, and citizens of the United States, or in any 
way abridged, except for participation in rebellion 
or other crime, the basis of representation therein 
shall be reduced in the proportion which the num¬ 
ber of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in 
such state. 

No person shall be a senator or representative in 
Congress, or elector of President or Vice-President, 
or hold any office, civil or military, under the 
United States, or under any state, who, having 
previously taken an oath as a member of Congress, 
or as an officer of the United States, or as a mem¬ 
ber of any state legislature, or as an executive or 
judicial officer of any state, to support the Consti- 


158 AMENDMENTS TO THE CONSTITUTION. 


tution of the United States, shall have engaged in 
insurrection or rebellion against the same, or given 
aid or comfort to the enemies thereof. But Con¬ 
gress may, by a vote of two-thirds of each house, 
remove such disability. 

“ The validity of the public debt of the United States, 
authorized by law, including debts incurred for 
payment of pensions and bounties for services in 
suppressing insurrection or rebellion, shall not be 
questioned. But neither the United States nor 
any state shall assume or pay any debt or obligation 
incurred in aid of insurrection or rebellion against 
the United States, or any claim for loss or emanci¬ 
pation of any slave ; but all such debts, obligations 
and claims shall be held illegal and void. 

“The Congress shall have power to enforce, by appro¬ 
priate legislation, the provisions of this article.” 

This amendment was proposed by Congress in 
1866, and was declared to be a part of the Con¬ 
stitution in July, 1868. 

Fifteenth Amendment. — 

“The right of citizens of the United States to vote, 
shall not be denied or abridged by the United 
States, or by any state, on account of race, color, 
or previous condition of servitude. 

“ The Congress shall have power to enforce this article 
by appropriate legislation.” 

The object of this article was to secure suffrage 
to the colored race, especially to the freed men of 


AMENDMENTS TO THE CONSTITUTION. 159 

the South. It specifies three points, in respect to 
which the right of citizens of the United States 
to vote shall not be denied or abridged, either by 
the national or state governments: — 

1. On account of race. 

2. On account of color. 

3. On account of previous condition of servitude. 

It was at first proposed to add two other points, 
nativity and religion, but these were stricken out 
before the proposed amendment was sanctioned 
by Congress. 

This amendment was proposed by Congress in 
1869, and was declared to be ratified in 1870. 

Putting the Constitution into Operation.— 

In July, 1788, a committee was appointed by the 
Congress to report an act for putting the Consti¬ 
tution into operation. This committee reported 
an act which was adopted on the 13th. of Sep¬ 
tember, as follows: — 

“Resolved, that the first Wednesday in January next be 
the day of appointing electors in the several states, 
which before the said day shall have ratified the 
said Constitution; that the first Wednesday in Feb¬ 
ruary next be the day for the electors to assemble 
in their respective states, and vote for a President; 
and that the first Wednesday in March next be the 
time, and the present seat of Congress the place, 
for commencing proceedings under the said Consti¬ 
tution.” 


160 AMENDMENTS TO THE CONSTITUTION. 

The first Wednesday in March, 1789, happened 
to be the fourth day of the month, and as one 
presidential term and two Congresses occupies, 
by the Constitution, exactly four years, it follows 
that the inauguration of the President is to take 
place on the fourth day of March every fourth 
year, beginning with 1789. 

Washington was elected President by unani¬ 
mous vote. John Adams was declared elected 
Vice-President, and the new government went 
into operation quietly and with the general sanc¬ 
tion of the people of the country. It is not a 
little remarkable that the first President should 
have been elected unanimously, and re-elected 
unanimously. No President since his day has 
received a unanimous vote of all the electors. 


AMENDMENTS TO THE CONSTITUTION. ^ 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned, and to suggest further 
thought, reading, and study. 

1. When were the first ten amendments adopted ? 

2. Why are they called a “ Bill of Rights ” ? 

3. What is the Eleventh Amendment? 

4. Give a brief history of the Twelfth Amendment, and 
state its object. 

5. Tell the story of the Thirteenth Amendment. 

6. Also the Fourteenth. 

7. What was the object of the Fifteenth Amendment? 

8. What measures were taken by the Congress for putting 
the Constitution into operation? 


BLACKBOARD OUTLINE. 


THE GROWTH OF OUR COUNTRY. 


The Treaty of Paris. 
Weakness of the Articles of 
Confederation. 

Purchase of Louisiana. 
Purchase of Florida. 

Spanish Boundary. 


Annexation of Texas. 
Mexican Provinces. 
Discovery of Gold. 

The Oregon Country. 
Alaska. 

Our Present Condition. 


62 




CHAPTER VI. 


THE GROWTH OF OUR COUNTRY. 

The original thirteen English colonies which 
secured their independence by the revolutionary 
war, extended from the St. Croix River on the 
eastern borders of Maine to the southern boun¬ 
dary of Georgia. The settlements in these colo¬ 
nies were invariably near the sea-coast. At the 
beginning of the revolution, but few settlers were 
to be found more than a hundred miles from the 
Atlantic. These colonies in the main extended 
westward to the Alleghany Mountains, but sev¬ 
eral of them claimed, under their grants and 
charters from the British crown, westward to the 
Mississippi River. 

The Treaty of Paris. — The treaty of peace 
between the new Republic and Great Britain was 
negotiated at Paris. The preliminary treaty was 
signed in 1782, and the definitive treaty was exe¬ 
cuted the year following. Our commissioners in 
the negotiation of this treaty, to whom this coun¬ 
try owes great gratitude for their patriotism and 
sagacity, were John Adams, John Jay, and Benja¬ 
min Franklin. In spite of strong opposition 

163 


164 GROWTH OF OUR COUNTRY. 

they succeeded in securing for us the entire terri¬ 
tory as far north as the Great Lakes, and west¬ 
ward to the Mississippi River, and southward to 
latitude 31°, the northern limit of Florida. This 
immense territory comprised more than eight 
hundred thousand square miles, and was from 
three to four times as large as France, or Spain, 
or Italy. 

Weakness of Articles of Confederation.— 

But the national government was weak and in¬ 
efficient. The Articles of Confederation provided 
only for a Congress of delegates from the differ¬ 
ent states sitting as one house only, with no 
executive and no judicial department. This Con¬ 
gress had all power in advising and recommend¬ 
ing, but no power to oblige the various States to 
perform their requisite duties. In 1787, on the 
recommendation of the Congress, a convention 
composed of delegates from the several states, 
assembled in Philadelphia, and framed the United 
States Constitution. This Constitution was sub¬ 
mitted to the several states, and finally adopted 
by them all. Washington was unanimously 
elected the first President, and the new govern¬ 
ment went into effect on the fourth of March, 
1789. The country soon began to rally, business 
improved, agriculture flourished, and manufac¬ 
tures increased. The new Republic was now on 


GROWTH OF OUR COUNTRY. 165 

a strong basis with a vigorous government, and 
it entered upon a career of unexampled growth 
and prosperity. 

Purchase of Louisiana. — The extent of terri¬ 
tory remained unchanged until the year 1803. 
Three years before this, Napoleon Bonaparte, 
then the First Consul of France, had secured 
from Spain that territory called the Province of 
Louisiana, which extended from the Gulf of Mex¬ 
ico on the south, northward as far as the Lake 
of the Woods, and from the Mississippi River 
westward to the Rocky Mountains. Early in the 
year 1803, Napoleon, finding himself on the eve 
of a war with Great Britain, proposed to sell this 
immense territory to the United States, in order 
to prevent its capture by Great Britain, and to 
replenish the treasury of France. In April of 
the year just mentioned, the treaty was executed 
between Napoleon and his secretary of the treas¬ 
ury, Barbe Marbois, for the Republic of France, 
and Robert R. Livingston and James Monroe for 
the United States of America. By this peace¬ 
ful treaty, the entire territory, called the Province 
of Louisiana, was conveyed to the United States, 
we paying therefor the sum of fifteen million dol¬ 
lars. It was an accession so great that, compris¬ 
ing as it did nine hundred thousand square miles, 
it more than doubled our former territory. The 


66 


GROWTH OF OUR COUNTRY. 


result has proved that it was of great importance 
to our country. 

The Purchase of Florida. — Having obtained 
a foothold upon the Gulf of Mexico, our states¬ 
men naturally desired to secure the coast from 
the Atlantic to New Orleans. Consequently, in 
1819, we negotiated a treaty with Spain by which, 
for the sum of five million dollars, she ceded to 
us her provinces of East and West Florida. This 
treaty completed our title to the territory from 
the Atlantic to the Rocky Mountains, and from 
the Gulf to the Great Lakes. 

Spanish Boundary. — The third article of the 
Florida treaty related to the boundary line be¬ 
tween the United States and the Spanish prov¬ 
inces of North America. It established this line 
as follows: — 

Beginning on the Gulf of Mexico at the mouth 
of the Sabine River, and following up that river 
to a certain point, thence due north, on the line 
which is now the boundary line of Texas, to 
the Red River; thence up the Red River to lati¬ 
tude one hundred; thence due north to the 
Arkansas River, and up the Arkansas to its 
source ; thence due north to latitude forty-two, 
and westward upon that parallel to the Pacific 
Ocean. Spain relinquished all claim to the terri- 


GROWTH OF OUR COUNTRY. 167 

tory north and east of this line, and the United 
States relinquished to her all claim to the territory 
west and south of the line. This treaty gave us 
a stronger claim to the Oregon country, while we 
relinquished to Spain whatever claims we might 
have had to Texas. 

Annexation of Texas. — Texas declared her¬ 
self independent of Mexico in 1836; and in 1845, 
by joint resolution of Congress, ratified by the 
government of Texas, she was annexed to the 
United States. . 

Purchase of Mexican Provinces. — The war 

with Mexico followed; and at the conclusion of 
that war, our army being entirely victorious, and 
having captured the city of Mexico, a treaty was 
made between us and that country by which 
Mexico relinquished to us her provinces of New 
Mexico and Upper California, for which we paid 
the sum of fifteen million dollars. In 1853, 
through General Gadsden, we purchased from 
Mexico an additional strip of territory called the 
Masilla Valley, south of the Gila River, and now 
known as the Gadsden Purchase. For this strip 
we paid Mexico the sum of ten million dollars. 

The Discovery of Gold. —Almost simultane¬ 
ously with the news of the treaty with Mexico 
came the report of the discovery of gold in 


168 GROWTH OF OUR COUNTRY. 

California. The “gold fever” spread rapidly 
throughout the country, and in 1849 and 1850 
thousands of persons flocked from all sections 
to the California coast in search of gold. 

The state government was organized, and 
California was admitted as one of the states of 
the Union in 1850. 

The Size of these Additions. — The annexa¬ 
tion of Texas, with her original boundaries, gave 
us about three hundred thousand square miles; 
and the purchase of the Mexican provinces 'gave 
us six hundred thousand square miles more, so 
that our territory by this means was increased 
to the extent of another nine hundred thousand 
square miles. 

The Oregon Country. — Our title to Oregon 
is based upon several claims, as follows: — 

1. By right of discovery (Captain Gray in 1792). 

2. By exploration (Lewis and Clark in 1805-6). 

3. By first settlement (Astoria in 1811). 

4. By purchase from France in 1803 of whatever 
claim she might have had to the country. 

5. By purchase from Spain, in the Florida treaty, 
1819, of all her right to this territory north of latitude 
forty-two. 

6. By treaty with Great Britain in 1846, by which 
she yielded to us all her claim to the country south of 
latitude forty-nine. 


GROWTH OF OUR COUNTRY. 169 

This country included what to-day is com¬ 
prised in the states of Oregon, Washington, and 
Idaho, and embraces about three hundred -thou¬ 
sand square miles. Many parts of it are of the 
greatest fertility, with a mild and equable climate, 
forming in all respects one of the most delightful 
countries in the world. 

Alaska. — In 1867 our government, through 
Secretary Seward, negotiated a treaty with the 
Russian government by which we obtained the 
entire territory of Alaska, comprising, in round 
numbers, about six hundred thousand square 
miles. We paid for this territory the sum of 
seven million two hundred thousand dollars. 
This is our latest addition. 

Our Present Whole Country. — Our country 
now embraces about 3,600,000 square miles. Its 
eastern limits are the Atlantic Ocean; its west¬ 
ern, the Pacific Ocean; its southern boundary 
is upon the Gulf of Mexico, and its northern 
is the Arctic Ocean. It extends through about 
one hundred and thirty degrees of longitude, and 
about forty-five degrees of latitude. It may be 
considered as embraced in four nearly equal divi¬ 
sions. The first part, being a little less than a 
quarter of the whole, includes the original terri¬ 
tory east of the Mississippi River; the second 


170 GROWTH OF OUR COUNTRY. 

quarter, of about 900,000 square miles, embraces 
the Province of Louisiana; the third quarter con¬ 
sists of the original Texas, about 300,000 square 
miles, and the Mexican cessions of about 600,000 
more; the fourth quarter includes the Oregon 
country, about 300,000 square miles, and Alaska, 
about 600,000 more. 

Our Present Condition. — The entire extent 
of our country at the present time is 3,603,884 
square miles. This is divided into forty-four 
states, six territories, and one federal district. 
The states proper include about 2,800,000 square 
miles, and the territories 800,000 square miles. 
The aggregate population is not far from 64,000,- 
000, of which about 63,000,000 a're in the states, 
and nearly 1,000,000 in the territories, including 
the District of Columbia. The densest popula¬ 
tion is in the State of Rhode Island, which 
averages about two hundred and fifty per square 
mile. If the entire country had a population as 
dense as Rhode Island, it would contain over 
900,000,000, or about three-fifths of the present 
population of the globe. 


GROWTH OF OUR COUNTRY. 


7 1 


QUESTIONS, TOPICS, AND' SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What was the original extent of the United States 
territory ? 

2. Describe the Treaty of Paris. 

3. Discuss the weakness of the Articles of Confederation. 

4. Write a brief account of the purchase of the Province 
of Louisiana. 

5. When was Florida purchased, of whom, and for what 
price ? 

6. Describe the third article of the Treaty of Florida. 

7. Give some account of the annexation of Texas. Of the 
purchase of New Mexico and California. 

8. Tell something about the discovery of gold in California, 
and its effects upon the country. 

9. Upon what various grounds did we lay claim to the 
Oregon country? 

10. When was Alaska purchased; by whom, of whom, at 
what price, and what was its extent? 

11. Describe the present extent of our whole country: its 
aggregate size and its aggregate population. 


BLACKBOARD OUTLINE. 


RULES OF PROCEDURE FOR DELIBERATIVE ASSEMBLIES. 

Formation of a Society. 

Form of a Constitution. 

Election of Officers. 

Officers and their Duties. 

Transaction of Business. 


172 


CHAPTER VII. 


RULES OF PROCEDURE FOR DELIBERATIVE 
ASSEMBLIES. 

Section I. 

FORMATION OF A SOCIETY. 

This is a country of majorities. The funda* 
mental principle of our government is that the 
majority vote shall dominate. Deliberative as¬ 
semblies are numerous throughout the land, from 
the Senate of the United States to the boys’ de¬ 
bating society in the school. Every pupil in the 
upper classes of the grammar school should learn 
how to transact business in an orderly manner in 
an organized meeting. 

The Senate of the United States, the National 
House of Representatives, the State Senate and 
House, the town meeting, the agricultural and 
the historical society, the county convention, the 
village lyceum, all are governed by “ Rules of 
Order.” The rules of the Senate are fixed and 
well known. The rules of the House are adopted 
by each Congress. 


73 


174 


RULES OF PROCEDURE. 


“ Cushing’s Manual,” “Jefferson’s Manual,’’and 
Barclay’s “ Digest of the Rules and Practice of 
the House of Representatives, U. S.,” are well- 
known treatises on “ Rules of Procedure.” 

Let us suppose that the pupils of a certain 
school are about to form a debating society. 
The proper method would be for a number of 
persons interested in the matter to sign and post 
in the school-house a call for a meeting to organ¬ 
ize such a society. Notice might, however, be 
given in some other manner; for example, at the 
request of several pupils, the teacher could give 
notice that all persons interested in effecting such 
an organization are requested to meet at such a 
time and place. If a written notice were posted, 
then the time having arrived, and the company 
being assembled, some one who had signed the 
call should call the meeting to order. Then the 
call may be read. Next a chairman should be 
chosen, on nomination, and a majority vote. A 
majority vote means a majority of all votes cast. 
A plurality means a larger number than any other 
one candidate has received. Blank ballots are not 
votes, and should not be counted as such. The 
chairman, being elected, takes the chair, and calls 
for the nomination of a secretary. When the sec¬ 
retary is elected, the meeting is duly “ organized.” 

It would then be proper to call for the appoint- 


RULES OF PROCEDURE. 


75 


ment of a committee to draft a “ Constitution ” 
and “ By-Laws.” The meeting might then ad¬ 
journ to a certain time and place, or to the call 
of the chairman, or to the call of the committee. 

Report of the Committee. — At the next meet¬ 
ing the “ Committee on Constitution ” reports a 
draft for constitution and by-laws, which, after 
discussion and amendments, may be adopted. 

Form of a Constitution. — The following will 
indicate the ordinary form of a constitution. Of 
course every constitution will have some dis¬ 
tinguishing features differing from every other 
one. 


CONSTITUTION OF THE CHICKATAWBUT 
DEBATING CLUB. 

Article I. 

NAME. 

The name of this organization shall be the Chickataw- 
out Debating Club. 


Article II. 

OBJECT. 

The object of the club shall be to improve its mem¬ 
bers in the art of public speaking and conducting affairs 
in a deliberative assembly. 


176 


RULES OF PROCEDURE. 


Article III. 

MEMBERS. 

Section i. Membership in this club is confined 
exclusively to the members of the senior class in the 

-Grammar School, in the town (or city) of- } 

Section 2. Any member of said class in said school 
desiring to become a member of this club, should make 
application to the Executive Committee, and, being 
recommended by said committee, and receiving a two- 
thirds vote of the members of the club present at any 
regular meeting shall be constituted a member by sign¬ 
ing the constitution. 


Article IV. 
officers. 

Section i. The officers of the club shall consist of a 
President, a Vice-President, a Secretary, a Treasurer, 
and an Executive Committee, composed of the above- 
named officers and three other members. 

Section 2. All officers shall be elected by ballot at 
the first meeting of each school year. 

Section 3. The Executive Committee shall have the 
general management of the affairs of the club. 

Section 4. It shall be the duty of the President, 
Vice-President, Secretary, and Treasurer faithfully to 
discharge the duties usually required of such officers in 
an association of this character. The President shall 
be chairman of the Executive Committee. 

1 This draft of a constitution is designed to fit a large graded grammar 
school. For a high school, or an ungraded school, the necessary changes 
from this form will readily suggest themselves to suit the particular 
school. 




RULES OF PROCEDURE. 


77 


The Secretary shall give notice of ,the regular meet¬ 
ings, and of any special meetings called by the Presi¬ 
dent, by posting upon the bulletin board in the school- 
house a written notice at least twenty-four hours prior 
to the time for said meeting. 

Article V. 

FINANCE. 

Section i. The annual membership fee shall be-, 

which shall be payable at the first meeting in each 
school year. 

Section 2. Any member who shall not have paid 
his dues on or before the first regular meeting in De¬ 
cember shall be notified by the treasurer that unless 
such dues are paid by the date of the first meeting in 
January his name shall be dropped from the member¬ 
ship of the club. 

Section 3. No bills shall be paid by the treasurer 
till they are audited by the president. 1 

Article VI. 
meetings. 

Section i. The regular meetings of this club shall 
be on the second and fourth Friday evenings of each 
month, during term time. 

Section 2. Special meetings may be called by the 
president, and he shall call a special meeting at the 
request in writing of three members of the club. 

1 In societies where the treasurer handles large sums of money, it is 
common to have an auditor, as a special officer of the society. 



i ;8 


RULES OF PROCEDURE. 


Article VII. 

AMENDMENTS. 

This constitution may be altered or amended by a 
two-thirds v^te of the members present at any regular 
meeting of the club, notice of such alteration or amend¬ 
ment having been given in writing at a previous regular 
meeting. 

The above will serve as a model by which the 
pupils in any school may frame a constitution to 
suit their own wants. 

When the constitution has been reported by 
the committee, it should be read throughout, and 
then discussed article by article. When each 
article has been duly considered, and such amend¬ 
ments as might be proposed have been adopted 
or rejected, the article should be adopted, and 
then the next, and so on, until the entire consti¬ 
tution has been adopted by articles. It should 
then be adopted as a whole. 

Election of Officers. — After the^adoption of 
the constitution, the first business in order will 
be the election of officers. As each officer is 
elected, he replaces the temporary one, and when 
they are all elected the organization is completed. 

In most cases the constitution provides some 
form for the admission of members. It is quite 
common for associations to require that each 
member shall sign his name to the constitution. 


RULES OF PROCEDURE. 


179 


Section II. 

OFFICERS AND THEIR DUTIES. 

Chairman or President. — It is the duty of 
the Chairman to call the meeting to order at the 
appointed time, to preside at all the meetings, to 
announce the business before the assembly in its 
proper order, to state and put all questions prop¬ 
erly brought before the assembly, to preserve 
order and decorum, and to decide all questions of 
order (subject to an appeal). When he “ puts a 
question ” to vote, and when speaking upon an 
appeal, he should stand ; in all other cases he can 
sit. In all cases where his vote would affect the 
result, or where the vote is by ballot, he can vote. 
When a member rises to speak, he should say, 
“ Mr. Chairman,” and the Chairman should reply, 
“ Mr. A.” He should not interrupt a speaker 
so long as he is in order, but should listen to his 
speech, which should be addressed to him and 
not to the assembly. The Chairman should be 
careful to abstain from the appearance of par¬ 
tisanship, but he has the right to call another 
member to the chair while he addresses the 
assembly on a question; but when speaking to 
a question of order he does not leave the chair. 

The Clerk, Secretary, or Recording Secretary, 

as he is variously called, should keep a record of 


8o 


RULES OF PROCEDURE. 


the proceedings of the convention, society, or as¬ 
sociation, whose officer he is. It is not his duty 
to record discussions, but only the resolutions, 
motions, orders, or whatever the action of the soci¬ 
ety may be called. He should record every vote, 
stating whether the motion or resolution which 
had been offered was adopted or rejected. 

It is sometimes customary in the records to 
say that the question was discussed by Messrs. 
A., B., and C. in the affirmative, and D., E., and 
F. in the negative. 

It is necessary for an inexperienced secretary 
to keep constantly in mind in making his records 
the fact that he is to record not what was said 
but what was done. Above all, he should never 
make in his minutes any criticism, favorable or 
unfavorable, upon anything that was said or done 
in the meeting. 

The Form of the Minutes can be as follows: — 

“The regular meeting of the Chickatawbut Club was 
held in the school-room, on Friday evening, May 9, 1890. 
The president was in the chair, and in the absence of 
the secretary, Mr. A. was chosen secretary pro tem. 
The minutes of the previous meeting were read and 
approved. The following persons were admitted by 
vote as members of the club, Messrs. A. B., C. D., 
E. F., and Misses G. H., I. J., and K. L.” 


RULES OF PROCEDURE. 


The question for the evening was the follow¬ 
ing:— 

“ Resolved\ That the explorations of Henry M. Stan¬ 
ley will prove of greater value to the world than the 
Arctic voyages of Dr. Kane. 

“The disputants upon the affirmative were Messrs. 
M. N., O. P., and R. S., and in the negative Mr. T. U., 
and Misses V. W., and X. Y. 

“The question was decided by a large majority in the 
affirmative. 

“ At five minutes before nine o’clock the club ad¬ 
journed. 

“S- E- C-, Secretary ” 

The constitution, and, if there are any, the by¬ 
laws, rules of order, and standing rules should be 
written in a book with blank pages, writing only 
on the right-hand page. The left-hand page 
should be left blank, on which amendments to the 
articles opposite may be entered, if there should 
be any. Each amendment should have recorded 
with it a reference to the date and page of the 
minutes where the action of the society adopting 
such amendment is recorded. It is customary to 
insert the constitution, etc., in the first part of 
the society’s book, after which would be recorded 
the names of the members. Following these 
names the page can be used for the record of the 
minutes of the society. 




i 82 


RULES OF PROCEDURE. 


Treasurer. — It is the duty of this officer to 
collect and hold the funds belonging to the 
society, and to pay out money on the order of 
the proper officer. 

The treasurer should make a report annually 
to the society, which report should contain a 
statement of the amount of money on hand at the 
beginning of the year and amount received dur¬ 
ing the year, including the sources through which 
the money has come ; and a statement in brief of 
the amount of money paid out by order of the 
society and the balance on hand at the end of the 
year. This report is usually referred to an audit¬ 
ing committee, consisting of one or more persons, 
whose duty it is to examine the treasurer’s books 
and vouchers, and make a certificate as to the 
correctness of his report. The form of auditor’s 
report is usually something like the following: — 

“ I hereby certify that I have examined the accounts 

and vouchers of the above report of T-R-, the 

treasurer of the Chickatawbut Club, and find them cor¬ 
rect, and that the balance on hand is,” etc., stating the 
amount on hand. 

It is usual after the auditor’s report has been 
read to accept the treasurer’s report. 

Committees. — In small societies there is less 
need of committees, but in permanent organiza¬ 
tions, like the National or State Senate or House, 


RULES OF PROCEDURE. 


83 


Common Council in a city, or school committee, 
nearly all matters of business should be referred 
to appropriate committees. These sub-commit¬ 
tees examine the matters referred to them and 
report to the entire body. When a committee 
thus reports, it is usual for the body to accept its 
report, and unless special objections appear, to 
adopt its recommendations. 

The first-named member of a committee is 
usually its chairman. It is his duty to call the 
committee together and to preside at their meet¬ 
ings. If he is absent it is customary for the next 
member in order to preside. A majority of a 
committee should constitute a quorum. The 
committee should not act unless a quorum be 
present. The committee may make a majority 
and minority report if the members do not agree. 
When a majority and a minority report have 
been presented to a body, it is competent for any 
member to move the acceptance of the majority 
report. It is proper for some other member to 
move to substitute the minority for the majority 
report. The minority report cannot be acted 
upon except by such motion to substitute it for 
the majority. When the committee’s report has 
been read and accepted, the committee is dis¬ 
charged, without further motion, unless their 
report be a report of progress. 


184 


RULES OF PROCEDURE. 


Section III. 

TRANSACTION OF BUSINESS. 

Every order, resolution, or motion to be sub¬ 
mitted to a deliberative assembly should be in 
writing, and having been read should be handed 
to the president. 

The following will illustrate the form of a reso¬ 
lution : — 

“Resolved. — That the thanks of the Chickatawbut 
Club are hereby tendered to the principal of our school, 
Mr. A. B., for his timely, interesting, and useful address, 
to which we have just listened.” 

The person desirous of offering this resolution 
should rise from his seat and address the chair¬ 
man by his title, thus “ Mr. President,” or “ Mr. 
Chairman,” who immediately recognizes him and 
announces his name. He, then, having the floor, 
says “ I move the adoption of the following reso¬ 
lution,” which he reads and hands to the chair¬ 
man. Some one else seconds the motion, and the 
chairman says, “ It has been moved and seconded 
that the following resolution be adopted.” He 
then reads the resolution, and, says, “ Are there any 
remarks upon the resolution ? ” Here will follow 
a discussion of the resolution pro and con, if the 
members should be so disposed. If no one rises 


RULES OF PROCEDURE . 


85 


to speak when the question is thrown open for 
discussion, or it having been discussed and the 
president thinks the debate is closed, he says, 
“ Are you ready for the question ? ” If no one 
rises to speak, he puts the question in a form 
similar to the following: “ The question is upon 
the adoption of the resolution which you have 
heard read. Those of you who are in favor of 
adopting this resolution will manifest it by saying 
‘ Aye ’; those contrary minded, ‘No.’ It is a vote, 
and the resolution is adopted.” If the majority 
vote in the negative, the chairman will state that 
the resolution is lost. If he is in doubt, he will 
say, “ The chair is in doubt, those in favor of the 
adoption of the resolution will rise and stand 
until counted.” The president or the secretary 
makes the count. Those opposed will rise.” 
The chairman announces the result. 

A debating society like the one proposed above 
will prove of great service to young persons at 
school. They will not only improve themselves 
in the ability to speak before others, and present 
their thoughts in a clear and forcible manner, but 
they will rapidly improve their power to think 
upon any question which may be presented to 
their minds for consideration. Not the least 
advantage will be found to consist in their be¬ 
coming familiar with proper methods of transact- 


RULES OF PROCEDURE. 


186 

ing business in a deliberative assembly. Every 
such young person should familiarize himself with 
all points connected with rules of order, and such 
persons are specially advised to make themselves 
familiar" with some one or more of the books 
heretofore recommended on this subject. 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. Why is this a country of “ Majorities ” ? 

2. Describe the method of forming a society. 

3. What are the essential officers? 

4. Method of electing officers. 

5. Duties of President. 

6. Duties of Secretary. 

7. Duties of Treasurer. 

8. Why have an Auditor? 

9. Write a form for auditing the Treasurer’s annual report. 

10. Write a form of “ Minutes ” of a meeting. 

11. Write a “ Resolution,” extending the thanks of the 
society for a lecture. 



APPENDIX. 


THE CONSTITUTION OF THE UNITED 
STATES OF AMERICA. 

We the People of the United States, in order to form a more 
perfect Union, establish Justice, insure domestic Tranquillity, 
provide for the common defence, promote the general Wel¬ 
fare, and secure the Blessings of Liberty to ourselves and our 
Posterity, do ordain and establish this Constitution for the 
United States of America. 

ARTICLE. I. 

Section, i. All legislative Powers herein granted shall be 
vested in a Congress of the United States, which shall consist 
of a Senate and House of Representatives. 

Section. 2. cl] The House of Representatives shall be com¬ 
posed of Members chosen every second year by the People of 
the several States, and the Electors in each State shall have 
the Qualifications requisite for Electors of the most numerous 
Branch of the State Legislature. 

C2] No person shall be a Representative who shall not have 
attained to the Age of twenty five years, and been seven Years 

[Note. —The small figures in brackets are not in the original, but 
have been added subsequently, to mark the different clauses in a section. 
In reprinting the constitution here, the spelling, punctuation, and capitali¬ 
zation of the original have been preserved.] 


✓ 


87 


188 CONSTITUTION OF THE UNITED STATES. 


a Citizen of the United States, and who shall not, when 
elected, be an Inhabitant of that State in which he shall be 
chosen. 

C3] Representatives and direct Taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective Numbers, which shall be 
determined by adding to the whole Number of free Persons, 
including those bound to Service for a Term of Years, and 
excluding Indians not taxed, three fifths of all other Persons. 
The actual Enumeration shall be made within three Years after 
the first Meeting of the Congress of the United States, and 
within every subsequent Term of ten Years, in such Manner as 
they shall by Law direct. The Number of Representatives 
shall not exceed one for every thirty Thousand, but each State 
shall have at Least one Representative ; and until such enum¬ 
eration shall be made, the State of New Hampshire shall be 
entitled to chuse three, Massachusetts eight, Rhode-Island and 
Providence Plantations one, Connecticut five, New-York six, 
New Jersey four, Pennsylvania eight, Delaware one, Maryland 
six, Virginia ten, North Carolina five, South Carolina five, and 
Georgia three. 

[4] When vacancies happen in the Representation from any 
State, the Executive Authority thereof shall issue Writs of Elec¬ 
tion to fill such Vacancies. 

[5] The House of Representatives shall chuse their Speaker 
and other officers; and shall have the sole Power of Impeach¬ 
ment. 

Section. 3. [,] The Senate of the United States shall be 
composed of two Senators from each State, chosen by the 
Legislature thereof, for six Years; and each Senator shall have 
one Vote. 

[2] Immediately after they shall be assembled in -Consequence 
of the first Election, they shall be divided as equally as may be 
into three Classes. The Seats of the Senators of the first Class 


CONSTITUTION OF THE UNITED STATES. 189 


shall be vacated at the Expiration of the second Year, of the 
second Class at the Expiration of the fourth Year, and of the 
third class at the Expiration of the sixth Year, so that one-third 
may be chosen every second Year; and if Vacancies happen 
by Resignation, or otherwise, during the Recess of the Legis¬ 
lature of any State, the Executive thereof may make temporary 
Appointments until the next Meeting of the Legislature, which 
shall then fill such Vacancies. 

C3] No person shall be a Senator who shall not have attained 
to the Age of thirty Years, and been nine Years a Citizen of 
the United States, and who shall not, when elected, be an In¬ 
habitant of that State for which he shall be chosen. 

C4] The Vice President of the United States shall be President 
of the Senate, but shall have no Vote, unless they be equally 
divided. 

[5] The Senate shall chuse their other Officers, and also a 
President pro tempore, in the Absence of the Vice President, 
or when he shall exercise the Office of President of the United 
States. 

CC] The Senate shall have the sole Power to try all Impeach¬ 
ments. When sitting for that Purpose, they shall be on Oath 
or Affirmation. When the President of the United States is 
tried, the Chief Justice shall preside : And no Person shall be 
convicted without the Concurrence of two thirds of the Mem¬ 
bers present. 

[7:i Judgment in Cases of Impeachment shall not extend fur¬ 
ther than to removal from Office, and Disqualification to hold 
and enjoy any Office of honour, Trust or Profit under the 
United States: but the Party convicted shall nevertheless be 
liable and subject to Indictment, Trial, Judgment and Punish¬ 
ment, according to Law. 

Section. 4. tl] The Times, Places and Manner of holding 
Elections for Senators and Representatives, shall be prescribed 
in each State by the Legislature thereof; but the Congress may 


90 CONSTITUTION OF THE UNITED STATES. 


at any time by Law make or alter such Regulations, except as 
to the places of chusing Senators. 

[2] The Congress shall assemble at least once in every Year, 
and such Meeting shall be on the first Monday in December, 
unless they shall by Law appoint a different Day. 

Section. 5. [1] Each House shall be the Judge of the Elec¬ 
tions, Returns and Qualifications of its own Members, and a 
Majority of each shall constitute a Quorum to do Business ; but 
a smaller Number may adjourn from day to day, and may be 
authorized to compel the Attendance of absent Members, in 
such Manner, and under such Penalties as each House may 
provide. 

C2:i Each House may determine the Rules of its Proceed¬ 
ings, punish its Members for disorderly Behaviour, and, with 
the Concurrence of two thirds, expel a Member. 

[3:| Each House shall keep a Journal of its Proceedings, and 
from time to time publish the same, excepting such Parts as 
may in their Judgment require Secrecy; and the Yeas and 
Nays of the Members of either House on any question shall, 
at the Desire of one fifth of those Present, be entered on the 
Journal. 

[4] Neither House, during the Session of Congress, shall, 
without the Consent of the other, adjourn for more than three 
days, nor to any other Place than that in which the two Houses 
shall be sitting. 

Section. 6. [1] The Senators and Representatives shall receive 
a Compensation for their Services, to be ascertained by Law, 
and paid out of the Treasury of the United States. They 
shall in all Cases, except Treason, Felony and Breach of the 
Peace, be privileged from Arrest during their Attendance at 
the Session of their respective Houses, and in going to and 
returning from the same; and for any speech or debate in 
either House, they shall not be questioned in any other 
Place. 


CONSTITUTION OF THE UNITED STATES. 191 


C23 No Senator or Representative shall, during the Time for 
which he was elected, be appointed to any civil Office under 
the Authority of the United States, which shall have been 
created, or the Emoluments whereof shall have been encreased 
during such time; and no Person holding any Office under the 
United States, shall be a Member of either House during his 
Continuance in Office. 

Section. 7. [1] All Bills for raising Revenue shall originate in 
the House of Representatives; but the Senate may propose or 
concur with Amendments as on other Bills. 

C2] Every Bill which shall have passed the House of Repre¬ 
sentatives and the Senate, shall, before it become a Law, be 
presented to the President of the United States; If he approve 
he shall sign it, but if not he shall return it, with his Objections 
to that House in which it shall have originated, who shall enter 
the Objections at large on their Journal, and proceed to recon¬ 
sider it. If after such Reconsideration two thirds of that 
House shall agree to pass the Bill, it shall be sent, together 
with the Objections, to the other House, by which it shall like¬ 
wise be reconsidered, and if approved by two thirds of that 
House, it shall become a Law. But in all such cases the Votes 
of both Houses shall be determined by yeas and Nays, and the 
Names of the Persons voting for and against the Bill shall be 
entered on the Journal of each House respectively. If any 
Bill shall not be returned by the President within ten Days 
(Sundays excepted) after it shall have been presented to him, 
the same shall be a law, in like Manner as if he had signed it, 
unless the Congress by their Adjournment prevent its Return, 
in which Case it shall not be a Law. 

C3] Every Order, Resolution, or Vote to which the Concur¬ 
rence of the Senate and House of Representatives may be 
necessary (except on a question of Adjournment) shall be 
presented to the President of the United States; and before 
the Same shall take J^ffect, shall be approved by him, or being 


192 CONSTITUTION OF THE UNITED STATES. 


disapproved by him, shall be repassed by two thirds of the 
Senate and House of Representatives, according to the Rules 
and Limitations prescribed in the Case of a Bill. 

Section. 8. The Congress shall have Power 
C1] To lay and collect Taxes, Duties, Imposts and Excises, to 
pay the Debts and provide for the common Defence and gen¬ 
eral Welfare of the United States; but all Duties, Imposts and 
Excises shall be uniform throughout the United States; 

121 To borrow Money on the credit of the United States; ■ 
C3] To regulate Commerce with foreign Nations, and among 
the several States, and with the Indian Tribes; 

[4] To establish an uniform Rule of Naturalization, and uni¬ 
form Laws on the subject of Bankruptcies throughout the 
United States; 

[5;] To coin Money, regulate the Value thereof, and of foreign 
Coin, and fix the Standard of Weights and Measures; 

C6] To provide for the Punishment of counterfeiting the 
Securities and current Coin of the United States; 

[7;) To establish Post Offices and post Roads; 

C8] To promote the progress of Science and useful Arts, by 
securing for limited Times to Authors and Inventors the exclu¬ 
sive Right to their respective Writings and Discoveries; ■ 
t9;i To constitute Tribunals inferior to the supreme Court; 

C10] To define and punish Piracies and Felonies committed on 
the high Seas, and Offences against the Law of Nations; 

m To declare War, grant letters of Marque and Reprisal, 
and make Rules concerning Captures on Land and Water; 

cl2] To raise and support Armies, but no Appropriation of 
Money to that Use shall be for a longer Term than two Years ; 
[13:1 To provide and maintain a Navy; 

[14] To make Rules for the Government and Regulation of 
the land and naval Forces; 

[15] To provide for calling forth the Militia to execute the Laws 
of the Union, suppress Insurrections and repel Invasions; 



CONSTITUTION OF THE UNITED STATES. 193 


cl6] To provide for organizing, arming, and disciplining, the 
Militia, and for governing such Part of them as may be em¬ 
ployed in the Service of the United States, reserving to the 
States respectively, the Appointment of the Officers, and the 
Authority of training the Militia according to the Discipline 
prescribed by Congress ; 

C17J To exercise exclusive Legislation in all Cases whatsoever, 
over such District (not exceeding ten Miles square) as may, 
by Cession of particular States, and the Acceptance of Con¬ 
gress, become the Seat of the Government of the United 
States, and to exercise like Authority over all Places purchased 
by the Consent of the Legislature of the State in which the 
Same shall be, for the Erection of Forts, Magazines, Arsenals, 
Dock-Yards, and other needful Buildings ; — And 

cl8;i To make all Laws which shall be necessary and proper 
for carrying into Execution the foregoing Powers, and all other 
Powers vested by this Constitution in the Government of the 
United States, or in any Department or Officer thereof. 

Section. 9. [1] The Migration or Importation of such Persons 
as any of the States now existing shall think proper to admit, 
shall not be prohibited by the Congress prior to the Year one 
thousand eight hundred and eight, but a Tax or Duty may be 
imposed on such Importation, not exceeding ten dollars for 
each Person. 

C2] The Privilege of the Writ of Habeas Corpus shall not be 
suspended, unless when in Cases of Rebellion or Invasion the 
public Safety may require it. 

C3] No Bill of Attainder or ex post facto Law shall be passed. 

C4:| No Capitation, or other direct, Tax shall be laid, unless 
in Proportion to the Census or Enumeration herein before 
directed to be taken. 

C5;i No Tax or Duty shall be laid on Articles exported from 
any State. 

[6] No preference shall be given by any Regulation of Com- 


194 CONSTITUTION OF THE UNITED STATES. 

merce or Revenue to the Ports of one State over those of 
another: nor shall Vessels bound to, or from, one State, be 
obliged to enter, clear, or pay Duties in another. 

C7] No Money shall be drawn from the Treasury, but in Con¬ 
sequence of Appropriations made by Law; and a regular State¬ 
ment and Account of the Receipts and Expenditures of all 
public Money shall be published from time to time. 

[8J No Title of Nobility shall be granted by the United States : 
And no Person holding any Office of Profit or Trust under 
them, shall, without the Consent of the Congress, accept of 
any present, Emolument, Office, or Title, of any kind what¬ 
ever, from any King, Prince, or foreign State. 

Section, io. [1] No State shall enter into any Treaty, Alliance, 
or Confederation ; grant Letters of Marque and Reprisal; .coin 
Money; emit Bills of Credit; make any Thing but gold and 
silver Coin a Tender in Payment of Debts; pass any Bill of 
Attainder, ex post facto Law, or Law impairing the Obligation 
of Contracts, or grant any Title of Nobility. 

C2] No State shall, without the consent of the Congress, lay 
any Imposts or Duties on Imports or Exports, except what 
may be absolutely necessary for executing it’s inspection Laws : 
and the net Produce of all Duties and Imposts, laid by any 
State on Imports or Exports, shall be for the Use of the 
Treasury of the United States ; and all such Laws shall be sub¬ 
ject to the Revision and Controul of the Congress. 

C3] No State shall, without the Consent of Congress, lay any 
Duty of Tonnage, keep Troops, or Ships of War in time of 
Peace, enter into any Agreement or Compact with another 
State, or with a foreign Power, or engage in War, unless actually 
invaded, or in such imminent Danger as will not admit of 
Delay. 

ARTICLE. II. 

Section, i. cl] The executive Power shall be vested in a 
President of the United States of America. He shall hold his 


CONSTITUTION OF THE UNITED STATES. 195 

Office during the Term of four Years, and, together with the 
Vice President, chosen for the same Term, be elected, as fol¬ 
lows 

C2] Each State shall appoint, in such Manner as the Legisla¬ 
ture thereof may direct, a Number of Electors, equal to the 
whole Number of Senators and Representatives to which the 
State may be entitled in the* Congress : but no Senator or Rep¬ 
resentative, or Person holding an Office of Trust or Profit under 
the United States, shall be appointed an Elector. 

* C3:i The Electors shall meet in their respective States, and 
vote by Ballot for two Persons, of whom one at least shall not 
be an Inhabitant of the same State with themselves. And 
they shall make a List of all the Persons voted for, and of the 
Number of Votes for each; which List they shall sign and cer¬ 
tify, and transmit sealed to the Seat of the Government of the 
United States, directed to the President of the Senate. The 
President of the Senate shall, in the Presence of the Senate and 
House of Representatives, open all the Certificates, and the 
Votes shall then be counted. The Person having the greatest 
Number of Votes shall be the President, if such Number be a 
Majority of the whole Number of Electors appointed; and if 
there be more than one who have such Majority and have an 
equal number of Votes, then the House of Representatives shall 
immediately chuse by Ballot one of them for President; and if 
no Person have a Majority, then from the five highest on the 
List the said House shall in like manner chuse the President. 
But in chusing the President, the Votes shall be taken by 
States, the Representation from each State having one Vote; a 
Quorum for this Purpose shall consist of a Member or Mem¬ 
bers from two thirds of the States, and a Majority of all the 
States shall be necessary to a choice. In every Case, after the 
Choice of the President, the Person having the greatest Number 


This clause has been superseded by the 12th amendment, on page 80. 


196 CONSTITUTION OF THE UNITED STATES. 


of Votes of the Electors shall be the Vice President. But if 
there should remain two or more who have equal Votes, the 
Senate shall chuse from them by Ballot the Vice President. 

r4] The Congress may determine the Time of chusing the 
Electors, and the Day on which they shall give their Votes; 
which Day shall be the same throughout the United States. 

[5] No Person except a natural born Citizen, or a Citizen of 
the United States, at the time of thfe Adoption of this Constitu¬ 
tion, shall be eligible to the Office of President; neither shall 
any Person be eligible to that Office who shall not have attained 
to the Age of thirty five Years, and been fourteen Years a Resi¬ 
dent within the United States. 

[6] In Case of the Removal of the President from Office, or 
of his Death, Resignation, or Inability to discharge the Powers 
and Duties of the said office, the same shall devolve on the 
Vice President, and the Congress may by Law provide for the 
Case of Removal, Death, Resignation, or Inability, both of the 
President and Vice President, declaring what Officer shall then 
act as President, and such Officer shall act' accordingly, until 
the Disability be removed, or a President shall be elected. 

C7] The President shall, at stated Times, receive for his ser¬ 
vices, a Compensation, which shall neither be encreased nor 
diminished during the Period for which he shall have been 
elected, and he shall not receive within that Period any other 
Emolument from the United States, or any of them. 

C8] Before he enter on the Execution of his Office, he shall 
take the following Oath or Affirmation : — 

“ I do solemnly swear (or affirm) that I will faithfully exe- 
“ cute the Office of President of the United States, and will to 
“ the best of my Ability, preserve, protect and defend the Con- 
“ stitution of the United States.” 

Section. 2. [1] The President shall be Commander in Chief 
of the Army and Navy of the United States, and of the Militia 
of the several States, when called into the actual Service of the 


CONSTITUTION OF THE UNITED STATES. 197 


United States; he may require the Opinion, in writing, of the 
principal Officer in each of the executive Departments, upon 
any Subject relating to the Duties of their respective Offices, 
and he shall have Power to grant Reprieves and Pardons for 
Offences against the United States, except in Cases of Impeach¬ 
ment. 

C2] He shall have Power, by and with the Advice and Con¬ 
sent of the Senate, to make Treaties, provided two thirds of the 
Senators present concur; and he shall nominate, and by and 
with the Advice and Consent of the Senate, shall appoint Am¬ 
bassadors, other public Ministers and Consuls, Judges of the 
supreme Court, and all other Officers of the United States, 
whose Appointments are not herein otherwise provided for, and 
which shall be established by Law : but the Congress may by 
Law vest the Appointment of such inferior Officers, as they 
think proper, in the President alone, in the Courts of Law, or 
in the Heads of Departments. 

The President shall have Power to fill up all Vacancies that 
may happen during the Recess of the Senate, by granting Com¬ 
missions which shall expire at the End of their next Session. 

Section. 3. He shall from time to time give to the Congress 
Information of the State of the Union, and recommend to their 
Consideration such Measures as he shall judge necessary and 
expedient; he may, on extraordinary Occasions, convene both 
Houses, or either of them, and in Case of Disagreement be¬ 
tween them, with Respect to the time of Adjournment, he may 
adjourn them to such Time as he shall think proper; he shall 
receive Ambassadors and other public Ministers ; he shall take 
Care that the Laws be faithfully executed, and shall Commis¬ 
sion all the officers of the United States. 

Section. 4. The President, Vice President and all civil Offi¬ 
cers of the United States, shall be removed from Office on Im¬ 
peachment for, and Conviction of, Treason. Bribery, or other 
high Crimes and Misdemeanors. 


198 CONSTITUTION OF THE UNITED STATES. 


ARTICLE. III. 

Section, i. The Judicial Power of the United States, shall 
be vested in one supreme Court, and in such inferior Courts as 
the Congress may from time to time ordain and establish. The 
Judges, both of the supreme and inferior Courts, shall hold 
their Offices during good Behavior, and shall, at stated Times, 
receive for their Services, a Compensation which shall not be 
diminished during their Continuance in Office. 

Section. 2. [1] The Judicial Power shall extend to all Cases, 
in Law and Equity, arising under this Constitution, the Laws 
of the United States, and Treaties made, or which shall be 
made, under their Authority; — to all Cases affecting Ambassa¬ 
dors, other public Ministers and Consuls ; — to all Cases of ad¬ 
miralty and maritime Jurisdiction ; — to Controversies to which 
the United States shall be a Party; — to Controversies between 
two or more States; — between a State and Citizens of another 
State ; — between Citizens of different States, — between Citi¬ 
zens of the same State claiming Lands under Grants of different 
States, and between a State, or the Citizens thereof, and foreign 
States, Citizens or Subjects. 

123 In all Cases affecting Ambassadors, other public Ministers 
and Consuls, and those in which a State shall be Party, the 
surpreme Court shall, have original Jurisdiction. In all the 
other Cases before mentioned, the supreme Court shall have 
appellate Jurisdiction, both as to Law and Fact, with such Ex¬ 
ceptions, and under such Regulations as the Congress shall 
make. 

[3] The Trial of all Crimes, except in Cases of Impeachment, 
shall be by Jury; and such Trial shall be held in the State 
where the said Crimes shall have been committed; but when 
not committed within any State, the Trial shall be at such Place 
or Places as the Congress may by Law have directed. 

Section. 3. [1] Treason against the United States, shall con- 


CONSTITUTION OF THE UNITED STATES. 


199 


sist only in levying War against them, or in adhering to their 
Enemies, giving them Aid and Comfort. No Person shall 
be convicted of Treason unless on the Testimony of two 
Witnesses to the same overt Act, or on Confession in open 
Court. 

C2] The Congress shall have Power to declare the Punishment 
of Treason, but no Attainder of Treason shall work Corruption 
of Blood, or Forfeiture except during the Life of the Person 
attainted. 

ARTICLE. IV. 

Section, i. Full Faith and Credit shall be given in each 
State to the public Acts, Records, and judicial Proceedings of * 
every other State. And the Congress may by general Laws 
prescribe the Manner in which such Acts, Records, and Pro¬ 
ceedings shall be proved, and the Effect thereof. 

Section. 2. [l] The Citizens of each State shall be entitled to 
all Privileges and Immunities of Citizens in the several States. 

[2] A Person charged in any State with Treason, Felony, or 
other Crime, who shall flee from Justice, and be found in another 
State, shall on Demand of the executive Authority of the State 
from which he fled, be delivered up, to be removed to the State 
having Jurisdiction of the Crime. 

[ 3] Nq Person held to Service or Labour in one State, under 
the Laws thereof, escaping into another, shall, in Consequence 
of any Law or Regulation therein, be discharged from such Ser¬ 
vice or Labour, but shall be delivered up on Claim of the Party 
to whom such Service or Labour may be due. 

Section. 3. C1] New States may be admitted by the Congress 
into this Union; but no new State shall be formed or erected 
within the Jurisdiction of any other State; nor any State be 
formed by the Junction of two or more States, or Parts of States, 
without the Consent of the Legislatures of the States concerned 
as well as of the Congress. 

[2] The Congress shall have Power to dispose of and make all 


200 CONSTITUTION OF THE UNITED STATES. 


needful Rules and Regulations respecting the Territory or other 
Property belonging to the United States; and nothing in this 
Constitution shall be so construed as to Prejudice any Claims 
of the United States, or of any particular State. 

Section. 4. The United States shall guarantee to every State 
in this Union a Republican Form of Government, and shall pro¬ 
tect each of them against Invasion, and on Application of the 
Legislature, or of the Executive (when the Legislature cannot 
be convened) against domestic Violence. 

ARTICLE. V. 

* The Congress, whenever two thirds of both Houses shall deem 
it necessary, shall propose Amendments to this Constitution, or, 
on the Application of the Legislatures of two thirds of the.sev¬ 
eral States, shall call a Convention for proposing Amendments, 
which, in either Case, shall be valid to all Intents and Purposes, 
as Part of this Constitution, when ratified by the Legislatures of 
three fourths of the several States, or by Conventions in three 
fourths thereof, as the one or the other Mode of Ratification 
may be proposed by the Congress; Provided that no Amend¬ 
ment which may be made prior to the Year one thousand eight 
hundred and eight shall in any Manner affect the first and fourth 
Clauses in the Ninth Section of the first i\rticle; and that no 
State, without its Consent, shall be deprived of its equal Suffrage 
in the Senate. 

ARTICLE. VI. 

C1] All Debts contracted and Engagements entered into, before 
the Adoption of this Constitution, shall be as valid against the 
United States under this Constitution, as under the Confeder¬ 
ation. 

[2] This Constitution, and the Laws of the United States which 
shall be made in Pursuance thereof; and all Treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme Law of the Land ; and the Judges in every 


CONSTITUTION OF THE UNITED STATES. 201 


State shall be bound thereby, any Thing in the Constitution or 
Laws of any State to the Contrary notwithstanding. 

[3:5 The Senators and Representatives before mentioned, and 
the Members of the several State Legislatures, and all executive 
and judicial Officers, both of the United States and of the sev¬ 
eral States, shall be bound by Oath or Affirmation, to support 
this Constitution; but no religious Test shall ever be required 
as a Qualification to any Office or public Trust under the United 
States. 


ARTICLE. VII. 


The Ratification of the Conventions of nine States, shall be 
sufficient for the Establishment of this Constitution between the 
States so ratifying the Same. 

Done in Convention by the Unanimous Consent of the States 
present the Seventeenth Day of September in the Year of 
our Lord one thousand seven hundred and Eighty seven 
and of the Independence of the United States of America 
the Twelfth. In Witness whereof We have hereunto 
subscribed our Names, 


G & WASHINGTON — 


Presidt and deputy from Virginia 


John Langdon 


NEW HAMPSHIRE. 

Nicholas Gilman 


Nathaniel Gorham 


MASSACHUSETTS. 

Rufus King 


CONNECTICUT. 


Wm Saml Johnson 


Roger Sherman 


NEW YORK. 


Alexander Hamilton 


NEW JERSEY. 


Wil Livingston 
Wm Paterson 


David Brearley 
Jona Dayton 


202 


AMENDMENTS TO THE CONSTITUTION. 



PENNSYLVANIA. 

B Franklin 

Thomas Mifflin 

Robt Morris 

Geo Clymer 

Tho Fitzsimons 

Jared Ingersoll 

James Wilson 

Gouv Morris 


DELAWARE. 

Geo Read 

Gunning Bedford, Jun’r 

John Dickinson 

Richard Bassett 

Jaco Broom 

MARYLAND. 

James M’Henry 

Dan of St Thos Jenifer 

Danl Carroll 

VIRGINIA. 

John Blair 

James Madison, Jr 


NORTH CAROLINA. 

Wm Blount 

Rich’d Dobbs Spaight 

Hu Williamson 

SOUTH CAROLINA. 

J Rutledge 

Charles Cotesworth Pinckney 

Charles Pinckney 

Pierce Butler 


GEORGIA. 

William Few 

Abr Baldwin 


Attest: WILLIAM JACKSON, Secretary. 


Articles in Addition to, and Amendment of, the 
Constitution of the United States of America, 

Proposed by Congress , and ratified by the Legislatures of the 
several States, pursuant to the fifth article of the original 
Constitution. 

(ARTICLE I.) 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging 



AMENDMENTS TO THE CONSTITUTION 


203 


the freedom of speech, or of the press; or the right of the peo¬ 
ple peaceably to assemble, and to petition the Government for a 
redress of grievances. 

(ARTICLE II.) 

A well regulated Militia, being necessary to the security of a 
free State, the right of the people to keep and bear Arms, shall 
not be infringed. 

(ARTICLE III.) 

No Soldier shall, in time of peace be quartered in any house, 
without the consent of the Owner, nor in time of war, but in a 
manner to be prescribed by law. 

(ARTICLE IV.) 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no Warrants shall issue, but upon prob¬ 
able cause, supported by Oath or affirmation, and particularly 
describing the place to be searched, and the persons or things 
to be seized. 

(ARTICLE V.) 

No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a 
Grand Jury, except in cases arising in the land or naval forces, 
or in the Militia, when in actual service in time of War or pub¬ 
lic danger; nor shall any person be subject for the same offence 
to be twice put in jeopardy of life or limb; nor shall be com¬ 
pelled in any Criminal Case to be a witness against himself, nor 
be deprived of life, liberty, or property, without due process of 
law; nor shall private property be taken for public use, without 
just compensation. 

(ARTICLE VI.) 

In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public* trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which 


204 AMENDMENTS TO THE CONSTITUTION. 

district shall have been previously ascertained by law, and to De 
informed of the nature and cause of the accusation ; to be con¬ 
fronted with the witnesses against him; to have Compulsory 
process for obtaining Witnesses in his favour, and to have the 
Assistance of Counsel for his defence. 

(ARTICLE VII.) 

In Suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be pre¬ 
served, and no fact tried by a jury shall be otherwise re-examined 
in any Court of the United States, than according to the rules of 
the common law. 

(ARTICLE VIII.) 

Excessive bail shall not be required, nor excessive fines im¬ 
posed, nor cruel and unusual punishments inflicted. 

(ARTICLE IX.) 

The enumeration in the Constitution, of certain rights, shall 
not be construed to deny or disparage others retained by the 
people. 

(ARTICLE X.) 

The powers not delegated to the United States by the Con¬ 
stitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

(ARTICLE XI.) 

The Judicial power of the United States shall not be con¬ 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by Citizens of an¬ 
other State, or by Citizens or Subjects of any Foreign State. 

(ARTICLE XII.) 

The Electors shall meet in their respective states, and vote 
by ballot for President and Vice-President, one of whom, at 


AMENDMENTS TO THE CONSTITUTION 20 5 


least, shall not be an inhabitant of the same state with them¬ 
selves ; they shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted for as Vice- 
President, and they shall make distinct lists of all persons voted 
for as President, and of all persons voted for as Vice-President, 
and of the number of votes for each, which lists they shall sign 
and certify, and transmit sealed to the seat of the government of 
the United States, directed to the President of the Senate; — 
The President of the Senate shall, in presence of the Senate 
and House of Representatives, open all the certificates and the 
votes shall then be counted; — The person having the greatest 
number of votes for President, shall be the President, if such 
number be a majority of the whole number of Electors ap¬ 
pointed ; and if no person have such majority, then from the 
persons having the highest numbers not exceeding three on the 
list of those voted for as President, the House of Representa¬ 
tives shall choose immediately, by ballot, the President. But 
in choosing the President, the votes shall be taken by states, 
the representation from each state having one vote; a quorum 
for this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states shall be 
necessary to a choice. And if the House of Representatives 
shall not choose a President whenever the right of choice shall 
devolve upon them, before the fourth day of March next follow¬ 
ing, then the Vice-President shall act as President, as in the case 
of the death or other constitutional disability of the President. 
— The person having the greatest number of votes as Vice-Pres¬ 
ident, shall be the Vice-President, if such number be a majority 
of the whole number of Electors appointed, and if no person 
have a majority, then from the two highest numbers on the list, 
the Senate shall choose the Vice-President; a quorum for the 
purpose shall consist of. two-thirds of the whole number of 
Senators, and a majority of the whole number shall be neces¬ 
sary to a choice. But no person constitutionally ineligible to 


2 o6 amendments to the constitution 


the office of President shall be eligible to that of Vice-President 
of the United States. 

(ARTICLE XIII.) 

Section i. Neither slavery nor involuntary servitude, except 
as a punishment for crime whereof the party shall have been 
duly convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 

Sect. 2. Congress shall have power to enforce this article by 
appropriate legislation. 

(ARTICLE XIV.) 

Section i. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of 
the United States, and of the State wherein they reside.. No- 
State shall make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United States; nor 
shall any State deprive any person of life, liberty, or property 
without due process of law, nor deny to any person within its. 
jurisdiction the equal protection of the laws.' 

Sect. 2. Representatives shall be apportioned among the 
several States, according to their respective numbers, counting 
the whole number of persons in each State, excluding Indians, 
not taxed. But when the right to vote at any election for the 
choice of electors for president and vice-president of the United 
States, representatives in Congress, the executive and judicial 
officers of a State, or the members of the legislature thereof, is 
denied to any of the male inhabitants of such State, being 
twenty-one years of age, and citizens of the United States, or in 
any way abridged, except for participation in rebellion or other 
crimes, the basis of representation shall be reduced in the pro¬ 
portion which the number of such male citizens shall bear to 
the whole number of male citizens, twenty-one years of age, in 
such State. 

Sect. 3. No person shall be a senator or representative in 


AMENDMENTS TO THE CONSTITUTION 20 7 


Congress, or elector of president or vice-president, or hold any 
office, civil or military, under the United States or under any 
State, who having previously taken an oath as a member of 
Congress, or as an officer of the United States, or as a member 
of any State legislature, or as an executive or judicial officer of 
any State, to support the Constitution of the United States, shall 
have engaged in insurrection or rebellion against the same, or 
given aid or comfort to the enemies thereof. But Congress 
may by a vote of two-thirds of each house remove such disa¬ 
bility. 

Sect. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen¬ 
sions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United 
States, nor any State, shall assume or pay any debt or obliga¬ 
tion incurred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emancipation of any 
slave; but all such debts, obligations, and claims shall be held 
illegal and void. 

Sect. 5. The Congress shall have power to enforce by appro 
priate legislation the provisions of this article. 

(ARTICLE XV.) 

Section i. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States, or by any 
State, on account of race, color, or previous condition of servi¬ 
tude. 

Sect. 2. The Congress shall have power to enforce this arti¬ 
cle by appropriate legislation. 


INDEX. 


Agriculture, Department of, 133. 
Aldermen, 28. 

Alaska, 169. 

Amendments to U. S. Constitu¬ 
tion, 149, 155. 

Annexation of Texas, 167. 
Auditor, County, 30. 

Articles of Confederation, 63. 
Assessors, County, 31. 

Assessors of Taxes, 21. 
Attorney, District, 31. 

Bankruptcies, 92. 

Battle of Quebec, 58. 

Boundary, Spanish, 166. 

Bureau of Education, 129. 

Bureau of Indian Affairs, 128. 

Charges d’Affaires, 114. 
Chairman, 179. 

Cheap Postage, 122. 

Cities, 26. 

City Council, 28. 

City Government, 26. 

Clerk, 179. 

Coast Survey, 116. 
Commissioners, Road, 23. 
Committees, 182. 

Coin Money, 93. 

Congress, 75. 


Congress, Powers of, 88. 
Congress, Sessions of, 86. 
Consuls, 113. 

Committee, School, 22. 
Confederation, Articles of, 63. 
Confederation, Plan of, 65. 
Confederation, Weakness of 
Articles of, 164. 

Contest for Supremacy, 56. 
Continental Congress, Second,. 
62. 

Convention, Federal, 66. 

Contest of the Kings, 55. 
Continental Congress, First, 61. 
Coroner, 3. 

Counties, 29. 

County Auditor, 30. 

County Commissioners, 29. 
County Courts 50. 

County Treasurer, 30. 

Courts, Police, 50. 

Court, Probate, 50. 

Court, Supreme, 50. 

Dates of Ratification, (Constitu¬ 
tion U. S.,) 72. 

Deeds, Recorder of, 30. 

Deeds, Registrar of, 30. 
Delegates, Territorial, 79. 
Department of Agriculture, 133. 

208 



INDEX. 


Department of Justice, 129. 
Department of State, 113. 
Department of Navy, 118. 
Discovery of Gold, 167. 
Distributing Post Offices, 121. 
District Attorney, 31. 

Duties on Imports, 90. 

Education, 32. 

Election by the House (Presi¬ 
dent), 107. 

Election of Officers, 178. 
Electors, Number of, 104. 
Electors, Presidential, 103. 
Electors, Time of Choosing, 
105. 

Electors Vote, 105. 

English Settlements, 56. 
Executive Department, National, 
101, 112. 

Executive Department, State, 
44 - 

Executive Officers, 48. 

Federal Convention, 66. 
Fifteenth Amendment, 158. 

First Continental Congress, 61. 
Florida, Purchase of, 166. 
Formation of a Society, 173. 
Form of a Constitution, 175. 
Form of Minutes, 180. 
Fourteenth Amendment, 156. 
French Settlements, 56. 

Gold, Discovery of, 167. 
Governor, 44. 

“ Term of Office, 45. 

“ Qualifications, 45. 


209 

Governor, Powers and Duties, 
45 - 

Growth of Our Country, 163. 

Highway Surveyors, 23. 

House, Officers of, 79. 

House of Representatives, Na¬ 
tional, 76. 

House of Representatives, State, 
42. 

Impeachment, 80, hi. 
Impeachments, Trial of, 85. 
Imports, Duties on, 90. 

Indian Bureau, 128. 

Indian Schools, 128. 

Interior Department, 123. 

Judicial Department, National, 
137 - 

Judicial Department, State, 49. 
Justices of the Peace, 49. 

Land Officer, 125. 

Law, the Making of, 43. 
Legislative Department, Na¬ 
tional, 75. 

Legislative Department, State, 
41. 

Lieutenant-Governor, 47. 
Lighthouses, 116. 

Louisiana, Purchase of, 165. 

Making a Law, 43. 

Mayor, 27. 

Mexican Provinces, Purchase of, 
167. 

Minutes, Form of, 180. 



210 


INDEX. 


Ministers, Public, 113. 

Money and Banking, 130. 
Money, Coin, 93. 

Naturalization, 90. 

Naval Academy, 119. 

Navy, Department of, 118. 
National Element of Slow 
Growth, 75. 

New States, 146. 

Number of Electors, 104. 
Number of Representatives, 
National, 78. 

Officers, Election of, 178. 

Officers of House, National, 79. 
Officers of Senate, National, 85. 
Oregon Country, 168. 

Overseers of the Poor, 23. 

Pension Office, 125. 

Plan of the Confederation, 65. 
Police Courts, 50. 

Poor, Overseers of, 23. 

Post Office Department, 119. 
Powers of Congress, 88. 

Powers of President, 111. 
Powers, Various (Congress), 95. 
Present Condition of our Coun¬ 
try, 170. 

President, 179. 

Presiding Officer, National Sen¬ 
ate, 84. 

Presidential Electors, 103. 
Private Schools, 35. 

Probate Court, 50. 

Public Ministers and Consuls, 
113 - 


Purchase of Florida, 166. 

Purchase of Mexican Provinces, 
167. 

Purchase of Louisiana, 165. 

Putting Constitution into Opera¬ 
tion, 159. 

Qualifications (National Senate), 

~ 8 4; 

Qualifications of President, 108. 

Qualifications, Representatives, 
78. 

Quebec, Battle of, 58. 

Ratification (Constitution U.S.), 
Dates of, 72. 

Recorder of Deeds, 30. 

Recording Secretary, 179. 

Registrar of Deeds, 30. 

Report of Committee, 175. 

Representatives, House of (Na¬ 
tional), 76. 

Representatives, Qualifications 
of, 78. 

Representatives, Number of, 78. 

Republican Government, 148. 

Restrictions upon National Gov¬ 
ernment, 97. 

Restrictions upon States, 97. 

Road Commissioners, 23. 

Rules of Procedure, 173. 

Salary of President, 111. 

Salary, Senators and Represen¬ 
tatives, 87. 

School Commissioner, 31. 

School Committee, 22. 

School Superintendent, 31. 



INDEX. 


211 


Second Continental Congress, 
62. 

Secretary, 179. 

Selectmen, 20. 

Senate (National), 81. 

Senate (State), 42. 

Senators, How Chosen, 82. 
Settlements, French, 56. 

Sessions of Congress, 86. 
Settlements, English, 56. 

Sheriff, 3. 

Size of Additions to U. S., 168. 
Slow Growth of National Ele¬ 
ment, 75. 

Spanish Boundary, 166. 

Spanish Settlements, 55. 

State Governments, 39. 
Superintendent of Schools, 31. 
Supremacy, Contest for, 56. 
Supreme Court, 50. 

Supreme Law of the Land, 150. 
Supreme Moment in N. A., 57. 
Surveyors, Highway, 23. 

“ Sweeping Clause,” 95. 

Taxes, Assessors of, 21. 
Territories, 147. 


Territorial Delegates, 79. 

Texas, Annexation, 167. 
Thirteenth Amendment, 156. 
Time of Choosing Electors, 105. 
Town, the, 17. 

Town Clerk, 19. 

Town Officers, 18. 

Town Treasurer, 20. 

Treason, 140. 

Treasurer, 18 r. 

Treasurer, County, 30. 

Treasury Department, 115. 
Treasury Notes, 132. 

Trial of Impeachments, 85. 

Various Powers (Congress), 95. 
Vice-President, 109. 
Vice-President elected by Senate, 
108. 

War Department, 117. 

Warrant for Town Meeting, 24. 
Weakness of Articles of Con¬ 
federation, 164. 

Weights and Measures, 94. 

West Point, 117. 

Whole Country at Present, 169. 


























































. 

















































































































i 

1 

































































A BRIEF OUTLINE 


OF THE 

HISTORY AND CIVIL GOVERNMENT 
OF VERMONT 


BY 


S. W. LANDON, A.M., 

Principal High School, Burlington, Vermont 



SILVER, BURDETT & CO., PUBLISHERS 
New York BOSTON 
1890 


Chicago 



Copyright, 1890, 

By S. W. LANDON. 


Typography by J. S. Cushing & Co., Boston. 


Pressvvork by Berwick & Smith, Boston. 



THE HISTORY AND CIVIL GOVERNMENT 
OF VERMONT. 


CHAPTER I. 

DISCOVERY AND SETTLEMENT. 

From 1609 to 1777. 

Discovery. — July 3d, 1609, three Frenchmen, Samuel 
de Champlain, governor of Quebec, and two associates, 
entered Lake Champlain from the north. They accom¬ 
panied a war party of Canadian Indians in an expedition 
against the Iroquois of New York, and ascended the 
lake in canoes as far as Ticonderoga, where they met 
and defeated their foes. After returning from this ex¬ 
pedition, Champlain made and published a map of the 
lake which now bears his name. He and his two 
associates were probably the first civilized men who 
visited any portion of the territory now included within 
the limits of Vermont. By virtue of this discovery of 
Vermont, most of the state was claimed for the king 
of France, and appears on the old maps as a portion of 
New France. 

Attempted Settlements. — During the early wars 
between the English and French and Indians, the state 
was repeatedly traversed by hostile parties, but it was 
more than a hundred years after its discovery before 
any permanent settlement was made within its territory. 

5 


6 


CIVIL GOVERNMENT OF VERMONT. 


The first temporary occupation of its soil was made by 
the French, who built in 1665 a fort called St. Anne, at 
Sandy Point, Isle La Motte, which was a post of great 
importance in the early Indian wars. The outlines of 
this fort are still plainly visible. In 1690 an expedition 
was sent by the governor of New York to the mouth 
of Otter Creek, and a small stone fort was built at 
Chimney Point, in the present town of Addison, to aid 
in the operations against the Indians. This position 
was afterward abandoned, but a French settlement was 
made there by a few families from Canada in 1730, who 
built a blockhouse and windmill. The next year Fort 
Frederick, afterwards known as Crown Point, was 
erected on the opposite side of the lake. Though 
extensive grants were made along the shores of Lake 
Champlain by the successive governors of Canada, it 
does not appear that settlements were made by the 
French for the purpose of cultivating the soil, except in 
the vicinity of their forts. These were not extensive, 
and were abandoned on the approach of the English 
in 1759. 

Permanent Settlements (1724 to 1777). — South 
and east of Vermont were the Puritan colonies of New 
England, from which came the earliest permanent set¬ 
tlers of the state. The first permanent occupation of 
any of the territory of Vermont by civilized men was 
in the present town of Brattleboro in 1724, when a 
blockhouse, called Fort Dummer, was built, and a set¬ 
tlement begun on the “ Dummer Meadows ” near by. 1 
This fort was erected by the colony of Massachusetts, 

1 It is claimed by some that a permanent settlement was made as early 
as 1690 in what is now the town of Vernon. 


DISCOVERY AND SETTLEMENT. 


7 


and was supposed to be within its territory. Its pur¬ 
pose was the protection of the settlers at Northfield, 
Massachusetts, against the attacks of the French and 
Indians from Canada. Soon after it was built the 
Indians attacked it and either killed or carried into cap¬ 
tivity many of the settlers. Within the next few years 
settlements were begun at Westminster and other places 
in this part of the state, but owing to the hostilities of 
the Indians, they at first grew but slowly, and some 
were abandoned altogether. In 1749 Governor Benning 
Wentworth of New Hampshire granted the township 
of Bennington, but immigration to this, as well as to the 
other parts of the state, was soon stopped by the out¬ 
break of the “ French and Indian War.” In 1760 the 
war between the French and English was ended, Can¬ 
ada was ceded to Great Britain, and the settlers of 
Vermont were no longer in fear of hostile incursions. 
From this time on settlements were rapidly made and 
were prosperous. Guilford was settled during this year 
and soon became the most populous town of the state. 
So eagerly were the lands of what is now Vermont 
sought, that within three years subsequent to 1760, 
Governor Wentworth of New Hampshire granted char¬ 
ters for one hundred and thirty-eight townships, six 
miles square, west of the Connecticut River. Some of 
these grants were west of the Green Mountains, toward 
Lake Champlain. The territory now began to be known 
by the name of “ The New Hampshire Grants,” and 
the population was rapidly increasing. But in 1763 
the state of New York laid claim to the same territory 
by virtue of a grant made by Charles II. to the Duke 
of York one hundred years before. The question of 


8 


CIVIL GOVERNMENT OF VERMONT. 


jurisdiction over the territory was decided by George III. 
in favor of New York,—that the western bank of the 
Connecticut River should thereafter be the boundary 
between New York and New Hampshire. This decision 
surprised and displeased the colonists ; but they sub¬ 
mitted to it, supposing that it merely changed the gov¬ 
ernment to which they were subject. They soon found, 
however, that New York claimed more than this. The 
settlers were required to repurchase their lands, which 
some of them did, but which the most refused to do. 
The lands of those who refused were granted to others ; 
but the new purchasers found it exceedingly difficult to 
get possession of their property, and the officers seat by 
New York to eject the original settlers were forcibly 
resisted and sometimes very roughly handled. This con¬ 
troversy with New York continued for a quarter of a 
century, and was carried on with great spirit and intense 
bitterness. The people were greatly excited, and at 
meetings held in many of the towns, appointed “Com¬ 
mittees of Safety ” to provide for the common defence. 
Military companies were also formed which were called 
“Green Mountain Boys.” In this struggle the leader of 
the New Hampshire Grants was Ethan Allen, “a bold, 
energetic, self-confident, and sometimes reckless man, 
ready alike in the use of tongue, pen, and sword, and 
using them all in a vigorous but rough way.” Seth 
Warner and Remember Baker were his associates. Ira 
Allen proved himself a keen and sagacious statesman 
in these trying times. During the latter part of the 
controversy the little commonwealth was guided by the 
counsels of Thomas Chittenden, a man of remarkable 
common sense and prudence. 



NEW MONUMENT, BENNINGTON BATTLE-GROUND. 































IO 


CIVIL GOVERNMENT OF VERMONT. 


In the Revolutionary War. —At the opening of the 
Revolutionary War, the people of the New Hampshire 
Grants were nominally under the jurisdiction of New 
York, but practically independent, obeying only the 
orders of their committees and of their cherished town 
meetings. From the very first of the war they took a 
prominent part in organizing resistance to Great Britain, 
and early commenced operations against the British 
posts on Lake Champlain. Three weeks after the bat¬ 
tle of Lexington, Fort Ticonderoga, held by the British, 
was taken by Ethan Allen with less than one hundred 
men. On the same day Colonel Seth Warner took pos¬ 
session of Crown Point. Other captures followed, and 
within six days Lake Champlain and its fortresses were 
in the hands of the Americans. The chief actors in these 
important successes were the Green Mountain Boys. 

On the 16th of August, 1777, was fought the battle of 
Bennington, one of the most eventful in the Revolution. 
In this battle, a detachment of Burgoyne’s army under 
General Baum was defeated by General Stark of New 
Hampshire, who commanded a hastily gathered force of 
militia from New Hampshire, Massachusetts, and every 
available man from Vermont. The Vermont officers 
were Colonels Warner, Herrick, Williams, and Brush. 
A large part of the British force and all their cannon 
were captured. This was in its effect one of the most 
important battles of the Revolution. It cheered and 
animated the Americans and equally disheartened the 
British, and led the way for the final triumph of the 
American cause. The event is fittingly commemorated 
by a monument 301 feet high, on the site of the conti¬ 
nental storehouse which the invading army came to 
capture. 


DISCOVERY AND SETTLEMENT\ 


11 


QUESTIONS ON CHAPTER I. 

Questions and topics for review, designed to recall what has been learned, 
and to suggest further thought and reading. 

1. When, and by whom, was the territory of Vermont discov¬ 
ered? 

2. For whom was it claimed? 

3. How long after the discovery before permanent settlements 
were made? 

4. Give an account of the first attempted settlements. 

5. Who were the first permanent settlers? 

6. Where was the first permanent settlement made, and for what 
purpose ? 

7. Why were the early settlements unsuccessful ? 

8. When did the settlements begin to be prosperous? 

9. From whom were the grants of the land obtained? 

10. Give an account of the struggle with New York. 

11. Who were the leaders of the New Hampshire Grants in this 
struggle ? 

12. What was the condition of the New Hampshire Grants at the 
opening of the Revolutionary War? 

13. What part did they take in this war? 

14. When, and between whom, was the battle of Bennington 
fought? With what result? 

15. What was the historic importance of this battle? 


CHAPTER II. 


FORMATION OF THE STATE. 

The Conventions of 1777. — A convention represent¬ 
ing about twenty towns met at Westminster, January 
15, 1 777 > an d after due deliberation declared the district 
known as the New Hampshire Grants free and inde¬ 
pendent. . They named the new state New Connecticut, 
and petitioned Congress to grant them representation 
in that body. After taking measures deemed neces¬ 
sary, they adjourned to meet at Windsor on the 4th of 
the following June. The Windsor convention met on 
the day named. They changed the name of the state 
from New Connecticut to Vermont. They also recom¬ 
mended to the freeholders and inhabitants of each town 
in the state that they should, on the 23d of June 
following, choose delegates to attend a general con¬ 
vention at Windsor in July of the same year. The 
purposes of this convention were to choose delegates 
to Congress, a committee of safety, and to form a 
constitution for the state. 

Adoption of the Constitution. — This convention 
met as proposed at Windsor, July 2d, 1777. It was 
organized by choosing Joseph Bowker, of Rutland, 
President, and Jonas Fay, of Bennington, Secretary. 
After listening to a sermon by the Rev. Aaron Hutch¬ 
inson of Pomfret, they proceeded to the specific 
business for which they were elected, turning aside. 


12 


FORMATION OF THE STATE. 


13 


however, to consider any other necessary matters 
relating to the new state. They “did compose and 
agree unanimously on a constitution,” and adjourned 
July 8th. 

No official record of this meeting has ever been 
found, and no full and satisfactory account of it has 
ever been published. Even the list of its members 
is not complete, but enough names are known to show 
that the convention was composed of men of the 
highest wisdom and courage, and intensely devoted 
to the interest of the new state. They were states¬ 
men of no ordinary character. Ira Allen, a member 
of the convention, wrote in 1798 as follows: “A draft 
of the constitution was laid before the convention, and 
read. The business being new, and of great conse¬ 
quence, required serious deliberation. The convention 
had it under consideration when the news of the evacu¬ 
ation of Ticonderoga arrived, which alarmed them very 
much, as thereby the frontiers of the state were exposed 
to the inroads of the enemy. The family of the Presi¬ 
dent of the convention, as well as those of many other 
members, were exposed to the foe. In this awful crisis 
the convention was for leaving Windsor, but a severe 
thunder-storm came on, and gave them time to reflect, 
while other members, less alarmed at the news, called 
the attention of the whole to finish the constitution, 
which was then reading paragraph by paragraph for 
the last time. This was done, and the convention then 
appointed a council..of safety to act during the recess, 
and the convention adjourned.” 

This convention is unsurpassed in importance by any 
other ever held on the soil of Vermont. 


H 


CIVIL GOVERNMENT OF VERMONT. 


Organization of the State Government. — On the 

first Tuesday of March, 1778, the first election under 
the constitution was held; and on the 12th of the same 
month, the Governor and Council and General Assem¬ 
bly began their first session at Windsor. Thomas 
Chittenden of Williston was Governor, and Joseph 
Marsh of Hartford, Lieutenant-Governor. At this 
time the government of the state was vested in a Gov¬ 
ernor, Council and House of Representatives, but in 
1836 the constitution was so amended as to abolish 
the Council and establish the Senate as a co-ordinate 
branch of the General Assembly. 

Vermont a Sovereign State. — From 1777 to 1791 
Vermont existed as an independent government, a 
nation, and exercised full powers of sovereignty. It 
coined money, naturalized foreigners, established post- 
offices and mail routes, with a postmaster-general at 
their head. It had an attorney-general', regulated the 
importation and exportation of goods, and made com¬ 
mercial treaties with Canada. During this period Ver¬ 
mont often and earnestly petitioned Congress for rec¬ 
ognition as one of the United States. But, mainly 
through the influence of New York, her petitions were 
refused until 1791, when she was admitted to the Union 
as the fourteenth state, and the first admitted after 
the adoption of the Federal Constitution. 

While Vermont was an independent state, portions 
of the adjoining territories of New York and New 
Hampshire came at times willingly under the jurisdic¬ 
tion of its laws. At one time more than forty towns 
of New Hampshire were represented in its legislature, 
which held one of its sessions at Charlestown, N. H. 


FORMATION OF THE STATE. 


15 


The General Assembly held its sessions at different 
places until 1808, when Montpelier became the capital 
of the state, and there the sessions have since been 
held. 

THE CONSTITUTION. 

The Groundwork. —The model for the constitution 
of 1777 was found in the Pennsylvania constitution, 
adopted in 1776, by a convention of which Benjamin 
Franklin was the President. This was recommended 
to the Vermont convention as a groundwork by Dr. 
Thomas Young of Philadelphia, who was an ardent 
friend of the new state. Through the Pennsylvania 
constitution, parts of the constitution of Vermont find 
their origin in the earlier frames of government of the 
colony of Pennsylvania granted by William Penn, and 
even in the charter for Pennsylvania granted by King 
Charles the Second to William Penn. 

Amendments. — The constitution adopted in 1777 
was amended in 1786. In 1793 a convention met at 
Windsor to make further changes. After striking out 
the preamble and making various amendments, by the 
signature of the President and Secretary, they certified 
the whole constitution as “adopted” by them. This 
certified constitution, now in the Secretary of State’s 
office, has prefixed a title-page, with the following- 
words: “The Constitution of Vermont, as adopted 
by the Convention, holden at Windsor, July fourth, one 
thousand seven hundred and ninety-three.” 

Twenty-eight amendments have since been made. 
The first twenty-six were adopted by conventions held 
for that purpose. The twenty-seventh and twenty- 


16 CIVIL GOVERNMENT OF VERMONT. 

eighth were made in accordance with the present 
method of amending the constitution. They were 
proposed by the Senate and concurred in by the House 
in 1880, concurred in by the Senate and House in 1882, 
and adopted by a vote of the freemen March 6th, 1883. 

Form. — Part First of the constitution is the declara¬ 
tion of rights. It consists of twenty-one articles, and, 
as its title indicates, asserts the right of the people to 
self-government. Part Two gives the plan or frame of 
government. It consists of forty-three sections, and 
the twenty-eight articles of amendment. 


QUESTIONS ON CHAPTER II. 

1. What important action did the New Hampshire Grants take 
in 1777? 

2. Give an account of the convention which framed the consti¬ 
tution. 

3. What was the character of the men who composed it? 

4. What was taking place on the west side of the state at this 
time? 

5. Give an account of the organization of the first state govern¬ 
ment. 

6. Describe the political condition of Vermont from 1777 to 
I 79 1 - 

7. Where have the sessions of the General Assembly been held? 

8. Trace the origin of portions of the constitution. 

9. Give an account of the work of the convention of 1793. 

10. Describe Part First of the constitution ; Part Second. 


CHAPTER III. 


TOWNS AND COUNTIES. 

The Declaration of Rights. — The declaration of 
rights, Part First of the constitution, asserts that all 
power belongs originally to the people and is derived 
from them ; that therefore all officers of government 
are their trustees and servants, and are at all times, in 
a legal way, accountable to them ; and that the people 
of Vermont have the right to govern themselves and to 
enjoy the political privileges of freemen. 

It is primarily through the town and freemen’s 
meetings that the people exercise these rights and 
enjoy these privileges. It is here that the will of the 
people is declared by their votes. 

Citizens. — All persons who are native born in this 
state or in any of the United States, or who have been 
naturalized agreeably to the acts of Congress, are, by 
the constitution, declared citizens of the state. Those 
wishing to become freemen must take the oath of 
allegiance. 

Voters. In Town Meeting. — All male citizens, 
twenty-one years of age, whose lists of taxable prop¬ 
erty are taken in any town at the annual assessment 
next preceding a town meeting, or who are exempt 
from taxation for any cause, are, while residing in town, 
voters in town meeting. 

Women have the same right to vote that men have in 

U 


I g CIVIL GOVERNMENT OF VERMONT. 

all school-district meetings, and in the election of school 
commissioners in towns and cities. They also have the 
same right to hold offices relating to school affairs, and 
the office of town clerk. 

In Freemen’s Meeting. — Every male citizen, twenty- 
one years or more of age, who has resided in the state 
one year next preceding a freemen’s meeting, who is of 
peaceable behavior and has taken the freemen’s oath, 
can vote in freemen’s meeting. He can vote for state 
officers and electors of President and Vice-President in 
any town in the state ; for representative to Congress, 
in any town in the congressional district in which he 
resides ; for county officers in any town in the county 
in which he resides; for judge of probate, in any town 
in the probate district in which he resides; and for rep¬ 
resentative to the General Assembly and justices of the 
peace, in the town where he has resided for three 
months next preceding the election. 

Residence. — The town in which the family of a per¬ 
son resides, if he has one, is the place of his residence. 
No person can take the freemen’s oath, or vote at an 
election, until such action is approved by the board of 
civil authority of the town in which he resides. 

TOWNS. 

Freemen’s Meeting. — The freemen’s meeting is 
held in each town in the state on the first Tuesday 
in September of the even years. 

Town Meeting. — In Vermont, as in the other New 
England States, the local unit of government is the 
town. The annual town meeting is held on the first 


TOWNS AND COUNTIES . 


l 9 


Tuesday in March; but the selectmen may call special 
meetings whenever necessary, and must do so on the 
application of six voters. The voting is generally viva 
voce , but the election of some or all of the officers must 
be by ballot when demanded by a certain number of 
voters. The method of conducting the business of the 
meeting, the officers elected, and their duties are prac¬ 
tically the same as described under “The Town,” in 
“The Elements of Civil Government.” 

School Officers. — Each town elects annually a mem¬ 
ber of the County Board of Education, and towns having 
the town system of schools elect the school committee. 
The management of the schools will be fully explained 
in Chapter V. under “Education.” 

Town Clerk. — In addition to his other duties the 
town clerk keeps a record of all deeds, mortgages, and 
instruments and evidences respecting the sale and own¬ 
ership of real estate. 

Town Agent. —Each town elects a town agent to pros¬ 
ecute and defend suits in which the town is interested. 

Board of Civil Authority. — The selectmen and 
justices of the peace residing in any town constitute 
for that town the board of civil authority. This board 
has power to nominate jurors, to appoint and remove 
certain town officers, to hear appeals from the action of 
the listers, to correct check lists, to decide the right of 
any person to vote when challenged, to canvass votes, 
and together with the listers and town clerk to abate 
taxes. In cities the mayor and board of aldermen have 
these powers. 

Listers. — Each town elects from three to five listers, 
whose duty it is to make up the Grand List as the basis 


20 


CIVIL GOVERNMENT OF VERMONT. 


of taxation. The Grand List is the sum of the property 
list and the poll list. 

The property list is one per cent of the appraised 
valuation of all the taxable property. 

The poll list is two dollars for every taxable poll, or 
man, over twenty-one and under seventy years of age, 
not specially exempt. 

The state, county above a certain per cent., and gen¬ 
eral highway taxes are fixed by the Legislature; the 
town, state school, and special highway taxes, by the 
town ; and the school-district tax, by the district. 

Cities and Villages. — Vermont has two cities and 
about forty villages, which conduct their local affairs in 
accordance with special charters granted them by the 
General Assembly. The organization and government 
of the cities are essentially the same as found in Sec¬ 
tion III., “Elements of Civil Government.” 

Villages. —The chief executive officers of a village 
are usually three or more trustees, or bailiffs, with 
sometimes a village president. These officers perform 
practically the same duties for the village that the 
selectmen do for the town. The inhabitants of the 
village are still subject to the regulations and govern¬ 
ment of the town, and take part in its civil affairs. 
The charter of the village, however, makes it a political 
community, in a measure distinct by itself. It enum¬ 
erates its privileges, designates its officers and their 
duties, and empowers its government to act in some 
matters independent of the town government. These 
matters are chiefly to care for and light the streets, to 
lay out and care for parks, to construct sewers, to main¬ 
tain a police force and fire department, to provide a 



TOWNS AND COUNTIES. 


21 


water supply, to regulate the erection of buildings, to 
license pecllers, and to do many other things for the 
interests of its inhabitants. 

COUNTIES. 

Purposes of County Organization. — The state is 
divided into fourteen counties, the organization of which 
has reference chiefly to the sessions of courts, the main¬ 
tenance of jails and court-houses, and the prevention 
and punishment of crime. In each county one town, 
most conveniently located, is called the shire town, in 
which the court-house and jail are located and most of 
the county business is done. Bennington County has 
two shire (or half-shire) towns. 

County Officers. — The principal county officers are 
judges of probate, assistant judges, sheriff, high bailiff, 
state’s attorney, county commissioner, clerk, auditor, 
treasurer, and supervisor of schools. 

How Elected. — The supervisor of schools is chosen 
biennially by the county board of education. The clerk, 
auditor, and treasurer are appointed by the county court. 
The clerk serves during the pleasure of the court; the 
term of office of the auditor and the treasurer is one 
year. The other county officers named are elected 
biennially at the freemen’s meeting. A plurality vote 
only is required to elect. 

Duties. — The judges of probate and the assistant 
judges belong properly to the “Judicial Department,” 
and their duties will be fully considered there. In addi¬ 
tion to their judicial duties the assistant judges have 
the care and superintendence of the county property, — 


22 


CIVIL GOVERNMENT OF VERMONT. 


may buy or lease lands for the county, and may sell 
lands belonging to it. They examine certain claims 
against the county, and may authorize a tax, not to 
exceed a certain per cent fixed by law, to pay county 
expenses. 

The sheriff’s duties are those described under the 
corresponding topic in the “ Elements of Civil Govern¬ 
ment.” 

The high bailiff performs the duties of the sheriff 
when for any reason that officer is disqualified, and may 
serve processes upon the sheriff. 

State’s Attorney. — It is the duty of the state’s 
attorney to prosecute on behalf of the state all persons 
charged with the commission of crime or offences 
against the law, and to conduct such cases before the 
courts ; to represent the state in all civil action to which 
it is a party ; to collect forfeitures, penalties, and other 
sums due the state or county; and, in general, to act 
for the state in all cases in which its legal interests are 
affected. 

The county clerk is clerk of the supreme and county 
courts, and of the court of chancery, for the county. 
He keeps a record of judgments rendered, and dockets 
of the cases pending in the respective courts ; records 
any other proceeding that the court may direct ; may 
make and sign processes issuing from the court under 
the direction of the court; and gives to any person on 
demand and tender of the legal fees certified copies of 
any of the records of his office under the seal of the 
proper court. 

The county auditor and treasurer perform the 
duties that usually belong to such officers. 


TOWNS AND COUNTIES. 


23 


The supervisor of schools belongs to the educational 
department of the state. His office and its duties will 
be treated under “Education,” Chapter V. 

County Commissioner. — The duties of the county 
commissioner relate chiefly to the sale of intoxicating 
liquors. The most important is to appoint an agent for 
each town to sell liquor to be used for medicinal, chem¬ 
ical, and mechanical purposes only. 

Congressional Districts. — The state is divided into 
two congressional districts for the election of represen¬ 
tatives to Congress. The districts are as follows : — 
First District : Addison, Bennington, Chittenden, 
Franklin, Grand Isle, Lamoille, and Rutland Counties. 

Second District : Caledonia, Essex, Orange, Orleans, 
Washington, Windham, and Windsor Counties. 


QUESTIONS ON CHAPTER III. 

1. Through what do the people of Vermont exercise their polit¬ 
ical powers ? 

2. Who are citizens of Vermont? 

3. Who are voters? 

4. What is meant by residence? 

5. Study carefully the “Town Meeting,” as to the time of 
holding, the business done, and the manner of conducting the 
meeting. 

6. Who constitute the Board of Civil Authority? 

7. What are its duties? 

8. Define a village. 

9. What are the purposes of county organization? 

10. Name the county officers. 

11. What are the duties of State’s Attorney ? 

12. How is the state divided for representation in Congress? 


CHAPTER IV. 


THE LEGISLATIVE DEPARTMENT. 

The legislative power of this state is exercised by a 
Senate and House of Representatives. These together 
are styled “The General Assembly of the State of Ver¬ 
mont.” 

The Senate. — The Senate was established by amend¬ 
ments to the constitution in 1836. It is composed of 
thirty members, who are apportioned to the different 
counties according to their population. The General 
Assembly makes a new apportionment of the senators 
to the several counties after each United States census, 
or census taken for that purpose, but the constitution 
provides that each county shall elect at least one sena¬ 
tor. To be eligible to the office of senator a person 
must be at least thirty years of age. 

The Senate is regularly presided over by the Lieu¬ 
tenant-Governor, but elects one of its own number pres¬ 
ident pro tempore , to preside in the absence, for any 
reason, of the Lieutenant-Governor. The President of 
the Senate presides also over the Senate and House of 
Representatives when they meet in joint assembly, and 
in all cases has a casting-vote, but no other. The Senate 
also elects a chaplain, and secretary and assistant secre¬ 
tary who keep a record of its proceedings. The chap¬ 
lain and secretaries are not members of the body which 
they serve. 

24 


THE LEGISLATIVE DEPARTMENT . 


25 


Impeachment. —The Senate has sole power to try 
all cases of impeachment; to determine whether the Gov¬ 
ernor shall command in person the forces of the state 
in time of war or insurrection ; to propose amendments 
to the constitution, and to confirm certain appointments 
made by the Governor. 

In case of the impeachment of any officer of the state 
for misconduct in office, the Senate sits as a court of 
impeachment, and the members shall be on oath or 
affirmation to try the case truly and impartially. No 
person shall be convicted without the concurrence of 
two-thirds of the members present. If the impeached 
officer is convicted, the Senate can inflict as a punish¬ 
ment only removal from office and disqualification to 
hold any office of honor, profit, or trust under the state; 
but the party convicted may also be tried for his offence 
by the courts of the state, and, if convicted, punished 
therefor under the laws. 

House of Representatives. — The constitution pro¬ 
vides that the House of Representatives “shall consist 
of persons most noted for wisdom and virtue, to be 
elected by the freemen of every town in this state.” 
Each organized town or city has one representative, 
hence all have equal power in this branch of the Gen¬ 
eral Assembly. To be legally qualified to serve as town 
representative, a person must have resided at least two 
years in the state, the last of which shall be in the town 
for which he is elected. 

Organization and Officers. — At the opening of the 
session the Secretary of State calls the House to order, 
calls the roll of the certified members, administers the 
oath required by the constitution, and directs the House 


2 6 


CIVIL GOVERNMENT OF VERMONT. 


to choose by ballot one of their number as speaker. 
When the speaker is chosen, he takes the chair, and the 
duties of the Secretary of State in the organization of 
the House cease. The House then elects a chaplain 
and clerk, who are not from its membership. The clerk 
appoints two assistants, for whose acts he is responsible. 

The speaker presides over the House, appoints com¬ 
mittees, and votes in certain cases. The clerk and his 
assistants keep a record of the proceedings. 

The House of Representatives has the sole power to 
order impeachments, which shall in all cases be by a vote 
of two-thirds of its members. All revenue bills must 
originate in the House of Representatives, but the Sen¬ 
ate may propose or concur in amendments to the same. 

Election of Members. — Members of both branches 
of the General Assembly are elected by the freemen of 
the state on the first Tuesday of September of the 
even years. A senator may be elected by a plurality 
vote, but a majority of all the votes cast is required to 
elect a representative. Their term of office is two 
years, beginning on the first Wednesday of October 
following their election. No person can be a member 
of either house who holds, or held at the time of his 
election, any office of profit or trust under the authority 
of Congress. 

Salaries. —The salaries of all state officials are fixed 
by the General Assembly and have been changed from 
time to time. The members of both houses are paid 
by the day during the session, and are allowed besides 
ten cents a mile for travel between their homes and the 
capital. At present (1890) the president of the Senate 
and the speaker of the House each receive six dollars, 


THE LEGISLATIVE DEPARTMENT. 


2 7 


and the other members three dollars a day. The salary 
of the secretary of the Senate is $425 for the term ; that 
of the clerk of the House is $600. 

Sergeant-at-arms. —-The sergeant-at-arms is elected 
by the two houses in joint assembly. He has the care 
of the State House, furniture, and public grounds. 
He employs during the session of the General 
Assembly the doorkeepers, assistants, clerks, messen¬ 
gers, and other persons necessary for the care of the 
State House. 

Biennial Sessions. — The regular biennial session of 
the General Assembly begins on the first Wednesday 
of October of the even years and closes, usually, before 
the 1st of December of the same year. Special ses¬ 
sions can be called, when necessary, by the Governor. 
Neither house, during the session of the General Assem¬ 
bly, shall adjourn for more than three days, nor to any 
other place than that in which the two houses shall be 
sitting. In case they do not agree as to time of adjourn¬ 
ment, the Governor may adjourn them to such time as 
he may think proper. 

Returns and Qualifications. — Each house is the 
judge of the returns and qualifications of its own mem¬ 
bers and makes its own rules of order and procedure. 
A majority of all the members constitutes a quorum, 
and is necessary for the transaction of business. For 
raising a state tax two-thirds of the members must be 
present to constitute a quorum. 

All the proceedings of the General Assembly are 
public, except when the welfare of the state requires 
secrecy. Each house keeps a journal, which is pub¬ 
lished, when one-third of the members think it neces- 


28 


CIVIL GOVERNMENT OF VERMONT. 


sary, as soon as convenient after the end of each 
session. 

The Making of Laws. —The General Assembly has 
the power to make any or all laws for the state that are 
not contrary to the constitution of the state, or of the 
United States. The first step in the enactment of a law 
is the introduction of a bill, and any bill may originate 
in either house, except bills for raising revenue, which 
must originate in the House of Representatives. To 
secure the passage of a bill a majority of each house 
must agree upon its exact terms. The enacting clause 
of all laws is prescribed by the constitution, and is as 
follows : “ It is hereby enacted by the General Assem¬ 
bly of the State of Vermont.’’ The final steps in the 
process of law-making are given in Article 1 1 of the 
Amendments to the Constitution, which is as follows : — 

Art. ii. Every bill, which shall have passed the Senate and 
House of Representatives, shall, before it become a law, be presented 
to the Governor; if he approve, he shall sign it; if not, he shall 
return it, with his objections in writing, to the house in which it 
shall have originated ; which shall proceed to reconsider it. If, upon 
such reconsideration, a majority of the house shall pass the bill, it 
shall, together with the objections, be sent to the other house, by 
which it shall likewise be reconsidered, and if approved by a majority 
of that house, it shall become a law. But in all such cases, the 
votes of both Houses shall be taken by yeas and nays, and the 
names of the persons voting for or against the bill shall be entered 
on the journal of each house, respectively. If any bill shall not be 
returned by the Governor, as aforesaid, within five days (Sundays 
excepted) after it shall be presented to him, the same shall become 
a law, in like manner as if he had signed it; unless the two houses, 
by their adjournment, within three days after the presentment of 
such bill, shall prevent its return; in which case it shall not become 
a law. 


THE LEGISLATIVE DEPARTMENT. 


29 


Committees. — To facilitate the transaction of busi¬ 
ness, each house has appropriate committees, to which 
all bills are referred. In the House these committees 
are appointed by the speaker; in the Senate they are 
chosen by the members themselves. Public hearings 
before the committees are often given those who favor 
or oppose bills. In this way people reach and influence 
legislation most readily. 

Election of United States Senators and Other 
Officers. — One of the most important duties of the 
General Assembly is the election of United States 
senators. The method of procedure is described on 
p. 82, “ Elements of Civil Government.” The General 
Assembly also elects certain state officers, among whom 
are the judges of the Supreme Court, state superintend¬ 
ent of education, trustees of the university on the part 
of the agricultural college, brigade commander, adjutant 
and inspector general, quartermaster general, and judge- 
advocate-general. 

Amendments. — The constitution can be amended 
by the following process, found in Article 25 of the 
Amendments : At the session of the General Assembly 
in any year divisible by ten, the Senate may by a two- 
thirds vote of its members propose an amendment; it 
is then considered by the House of Representatives, 
and if a majority of its members vote for it, it is referred 
to the next General Assembly. Meantime, it is pub¬ 
lished in the principal newspapers of the state; it is 
taken up by the next General Assembly, and if a 
majority of the members of each house favor it, it is 
the duty of the General Assembly to submit it to the 
direct vote of the people; the General Assembly directs 


30 


CIVIL GOVERNMENT OF VERMONT. 


when and how this vote shall be taken; if the proposed 
amendment receives a majority of the votes of the 
freemen voting thereon, it becomes a part of the con¬ 
stitution. This fact is declared by the Governor in an 
official proclamation. 


QUESTIONS ON CHAPTER IV. 

1. In what is the legislative power vested? 

2. Name the officers of the Senate. 

3. How are they chosen? 

4. How are senators elected? 

5. Name the special powers of the Senate. 

6. Of what does the House of Representatives consist? 

7. Qualifications of a representative? 

8. Describe the organization of the House. 

9. What are the special powers of the House? 

10. What is the salary of members of the General Assembly? 

11. What are the duties of the sergeant-at-arms ? 

12. When does the General Assembly meet? 

13. Give a complete outline of the process of law-making. 

14. How can the constitution be amended? 


CHAPTER V. 


EXECUTIVE DEPARTMENT. 

Officers. — In accordance with the constitution of 
Vermont, the supreme executive power is exercised by 
the Governor, or, in his absence, by the Lieutenant- 
Governor. The other chief executive officers are the 
Treasurer, Auditor of Accounts, and Secretary of State. 

Election. — The constitution specifies that all of 
these officers shall be elected biennially, on the first 
Tuesday of September of the even years, by the free¬ 
men of the state. A majority vote is required to elect. 
If in any case there is no election by the freemen, the 
Senate and House of Representatives elect to fill the 
office by joint ballot. 

Eligibility. —A person must have resided in the 
state four years next preceding the election to be eligi¬ 
ble to the office of Governor or Lieutenant-Governor. 
A two-years residence is required in the case of the 
Treasurer, Auditor, and Secretary of State. No person 
holding an office of profit or trust under the govern¬ 
ment of the United States can be legally elected to an 
executive or judicial office in this state. On entering 
upon the execution of his office, every officer, whether 
executive or judicial, takes an oath of allegiance to the 
state and to support the constitution thereof, and also 
to perform faithfully the duties of his office. 

Salaries. — These officers receive salaries which are 

3 1 


32 


CIVIL GOVERNMENT OE VERMONT. 


fixed by the Legislature. The annual salary of the 
Governor is $1500; of the Treasurer, $1700; of the 
Secretary of State, $1700 ; of the Auditor of Accounts, 
$2000 and expenses while performing certain duties of 
his office. The Lieutenant-Governor receives six dollars 
a day during the sessions of the Legislature, and an 
allowance for travelling expenses. 

Governor; Military Powers. — The Governor is 
commander-in-chief of the military forces of the state. 
He directs as to the enrollment, arming, drilling, and 
officering of the militia. He commissions the officers, 
orders courts of inquiry, designates times for drills, and 
prescribes rules for the safe keeping of military stores. 
It is his duty to see that all the laws are faithfully and 
impartially executed. In cases of riot, rebellion, or 
insurrection within the state, in case of an invasion or 
imminent danger of one, or in case of * resistance to the 
civil authorities too formidable for them to cope with, 
it,is his duty to call out the militia. Upon the requisi¬ 
tion of the President of the United States, the Governor 
calls out the militia into the service of the United 
States. In this case it is subject to the orders of the 
President, and is cared for by Congress like the regular 
army. 

Legislative Powers. —The Governor has an impor¬ 
tant part in all legislation, as he has the power to veto 
all acts passed by the General Assembly, which in his 
judgment do not tend to promote the public good. 
These measures may, however, be passed, notwithstand¬ 
ing his objections, if a majority of each house approves 
them, and re-affirms them by a yea and nay vote. They 
then become laws, the same as if they had received the 


EXECUTIVE DEPARTMENT. 


33 


approval of the Governor. As a matter of fact, how¬ 
ever, but few measures are passed over the Governors 
veto. 

Message. — At the beginning of the term of office, 
the Governor presents to the General Assembly and to 
the people information concerning the condition of the 
affairs of the state, and makes recommendations for 
such legislation as he thinks will promote the public 
good. 

Appointing Power. — By the constitution, the Gov¬ 
ernor is empowered to commission all officers, and to 
appoint all officers except where provision is or shall be 
otherwise made by law or the constitution. He has 
power also to fill any vacancy in any office until the 
office can be filled in the manner directed by law or 
the constitution. By law he has the appointment of 
the number of subordinate officers, some of whom, how¬ 
ever, are subject to confirmation by the Senate. Among 
the officers whose appointment rests wholly or in part 
with the Governor, are the inspector of finance, fish 
commissioners, commissioner of state taxes, railroad 
commissioners, superintendent and directors of state 
prison and house of correction, board of agriculture and 
of health, state geologist, and normal school examiners. 
Over some officers he has the power of removal, or of 
suspension from their duties, for misconduct in office. 

Pardoning Power. — In the Governor is vested the 
power to grant pardons and remit fines, in all cases 
except treason, murder, and impeachment. In cases of 
treason and murder, he can grant reprieves until after 
the end of the next session of the General Assembly. 

Miscellaneous Powers. — If An any congressional 


34 


CIVIL GOVERNMENT OF VERMONT 


district there is a failure to elect, or a vacancy occurs 
in any district, the Governor proclaims a special election. 
He furnishes credentials to members of Congress. By 
virtue of his office, he is trustee of the state library, a 
director of the state prison and house of correction, 
a member of the board of agriculture, and of the board 
of trustees of the University of Vermont. He can call 
special sessions of the General Assembly, and adjourn 
the General Assembly when the two houses cannot 
agree upon adjournment. He appoints and has at all 
times the services of a secretary of civil and military 
affairs, for whose compensation provision is made by 
law. In the office of the Governor is kept the Great 
Seal of the state. 

Lieutenant-Governor. —The duties of the Lieuten¬ 
ant-Governor as presiding officer of the Senate are given 
under the “Legislative Department.” 'In case of the 
death or disability of the Governor, the Lieutenant- 
Governor acts in his stead until the end of the term, 
unless such disability is removed, assuming all powers 
and duties of that officer. He is a director of the state 
prison and house of correction. The Lieutenant-Gov¬ 
ernor, the Secretary of State, and speaker of the 
House of Representatives, constitute a board for can¬ 
vassing the votes for presidential electors. 

Treasurer. —The Treasurer receives all the moneys 
due the state from whatever source; holds in his pos¬ 
session all the bonds and other securities belonging to 
the state; changes the form of investment thereof 
whenever deemed desirable ; borrows money in behalf 
of the state; and pays all bills against the state upon 
the orders of the Auditor of Accounts or county clerks. 


EXECUTIVE DEPARTMENT. 


35 


He issues warrants for state taxes, and apportions the 
United States deposit money. The Treasurer and the 
Secretary of State are the insurance commissioners for 
the state, and the Treasurer keeps the deposits re¬ 
quired of life insurance companies for the benefit of 
policy-holders. In his office are kept the standard 
scales, weights, and measures furnished by the general 
government. 

Auditor of Accounts. —The Auditor examines all 
accounts and vouchers, decides upon the correct sums 
owed by the state, and draws orders therefor upon the 
Treasurer for their payment. He has the general 
management of suits in favor of the state, and may 
adjust and settle the same as the interests of the state 
demand. With the advice and consent of the Governor, 
he may rent or sell any property belonging to the state. 
He visits twice each year each county, and audits the 
accounts of sheriffs, county clerks, judges of probate, 
and other officers. He makes a report to the Governor 
of the receipts and disbursements of the state for each 
fiscal year, properly classified; and makes suggestions 
for such changes in the laws as would contribute to a 
faithful accounting for the public funds. 

Secretary of State. — In the office of the Secretary 
of State are kept the records of the state, its laws, and 
a representation of its coat-of-arms. The Secretary of 
State publishes the laws ; together with the Auditor, he 
procures the printing and binding of the reports of the 
different departments" and boards ; publishes the regis¬ 
tration report of births, marriages and deaths; sends out 
blanks to town and county officers for such information 
as he may require ; appoints his own deputies, for whom 


36 


CIVIL GOVERNMENT OF VERMONT 


he is responsible to the state; furnishes to towns blank 
books for the grand list. He is president of the state 
board for equalizing taxes, and a trustee of the state 
library. He is clerk of the Senate and House of Rep¬ 
resentatives when they meet in joint session. 

Education ; State Superintendent of Education. — 
The State Superintendent of Education is elected bien¬ 
nially by the General Assembly by joint ballot. He is at 
the head of the school system of the state. He makes 
a biennial report to the General Assembly, giving them 
full information of educational matters, and recommend¬ 
ing such measures as he believes will increase the effi¬ 
ciency of the public schools. The general management 
of all teachers’ institutes is under his supervision ; he 
visits the different parts of the state, lectures upon 
educational topics, investigates the condition of the 
schools, and confers and advises with' school officers 
and teachers. All questions to be used in the public 
examination of teachers are prepared by the State 
Superintendent of Education, and by him are sent to 
the county supervisors. He has a salary of $ 2000, 
with an allowance of $1000 for travelling expenses and 
clerk hire. 

County Supervisors. — In each county there is a 
Supervisor of Schools, who is elected biennially by 
the county board of education. The Supervisor has 
immediate direction of the schools of his county; 
he conducts the examinations of the teachers, and 
arranges and assists in the work of the institutes. 
In Rutland and Windsor Counties provision is made for 
the appointment by the supervisor of an assistant super¬ 
visor. The annual salaries of the supervisors range from 


EXECUTIVE DEPARTMENT. 


37 


$200 to $ 1200, according to the number of the schools 
in the county. The assistant-supervisors are paid $4 a 
day for actual work, with an allowance for expenses, the 
amount of salary and expenses not to exceed $400 a 
year. 

County Boards of Education. — The County Board 
of Education is composed of members, one from each 
town in the county, elected by the freemen at the an¬ 
nual town meeting. The chief duties of this Board 
are to elect a supervisor and to act as a text-book com¬ 
mittee for the county. The individual members are the 
truant officers for their respective towns. 

Compulsory Attendance. — Each town is required 
by law to maintain for at least twenty-four weeks each 
year one or more free schools, and every child between 
the ages of eight and fourteen is required to attend 
school at least twenty weeks each year. 

School System. — A few of the towns have the town 
system of schools, but generally the district system 
prevails throughout the state. Under the town system 
the schools are managed by a central board elected by 
the voters of the town at the town meeting. Under 
the district system towns are divided into districts, 
each of which elects, on the last Tuesday in June, its 
own officers. These officers are usually a moderator, 
clerk, collector of taxes, treasurer, one or three audit¬ 
ors, and a prudential committee of one or three persons. 
The prudential committee employs the teachers and 
has the general management of the school. The duties 
of the other officers are such as usually devolve upon 
such officers. The revenue for the support of schools 
is derived partly from the rent of lands and the interest 


38 


CIVIL GOVERNMENT OF VERMONT. 


on funds held by the state, but chiefly from town and 
district taxes. The cities and large towns have graded 
schools, including high schools, which are organized and 
maintained in accordance with the provisions of special 
charters granted by the General Assembly. 

The state has three normal schools under the control 
and direction of the State Superintendent of Education. 
In the management of the affairs of the University of 
Vermont and State Agricultural College, the state is 
represented by nine trustees who serve with an equal 
number on the part of the University. 

Inspector of Finance. — The Inspector of Finance 
examines the accounts of the State Treasurer and Au¬ 
ditor of Accounts, and reports upon the same; holds 
the bonds of treasurers of savings banks and trust com¬ 
panies ; annually, at least, examines the affairs of every 
trust company and savings bank, and reports upon the 
same in the interest of the depositors. He cannot be 
a stockholder or an officer in any savings bank or trust 
company. 

State Boards and Commissions. —To aid in the 

conduct of the business of the state, certain boards and 
commissions have been created by the General Assem¬ 
bly. The most important are the Board of Agricul¬ 
ture, consisting of the Governor, the president of the 
State University, and six other persons. The purposes 
of this board are the improvement of agriculture and 
the general interests of husbandry and forestry, and 
the promotion of agricultural education throughout the 
state. 

The Board of Health, whose duty it is to inquire into 
the causes of disease, especially epidemics, and the 


EXECUTIVE DEPARTMENT. 


39 


means of prevention ; to investigate the sources of mor¬ 
tality, and the effects of localities, employments, habits, 
and circumstances of life upon the public health. They 
make an annual report to the Governor of their investi¬ 
gations, discoveries, and recommendations. 

The Railroad Commissioners. — It is the duty of 
this board to examine into and keep themselves in¬ 
formed of the condition of all railroads in the state, and 
the manner in which they are operated with reference 
to the security and accommodation of the public, and 
their compliance with the laws of the state. It is its 
duty to investigate the cause of accidents resulting in 
loss of life or injury to persons. 

Fish Commissioners. — It is their duty to devise 
and enforce measures for protecting and propagating 
fish in the waters in the state. 

Other boards are the Directors of the State Prison, 
Trustees of the Reform School, Supervisors of the 
Insane, whose duties are readily indicated by their titles. 

The Militia. — The militia of the state is composed 
of two classes, — the unorganized and the organized. 

By an enactment of the General Assembly, all able- 
bodied male citizens of the state, between the ages of 
eighteen and forty-five, are liable to perform military 
duty, and are enrolled in the militia. The listers of 
each town make the enrollment at the time and in the 
manner prescribed by the commander-in-chief. United 
States officers, telegraph operators, and certain persons 
employed on railroads and steamboats which carry the 
United States mails are exempt. 

The organized militia is styled the National Guard of 
Vermont, and, as at present constituted, consists of one 


40 


CIVIL GOVERNMENT OF VERMONT. 


regiment of volunteer infantry, of twelve companies of 
fifty-one officers and men each ; and a battery of light 
artillery, consisting of not more than eighty officers and 
men. They are armed, drilled, and disciplined under 
such regulations as the commander-in-chief prescribes. 

Officers. —There are the usual company and regi¬ 
mental officers. The superior officers are a surgeon- 
general, a brigade commander, an adjutant and in¬ 
spector general, a quartermaster-general, and a judge- 
advocate-general, — each with the rank of a brigadier 
general. The company officers are elected by the mem¬ 
bers of their respective companies, and the regimental 
officers are chosen by the company officers. The'sur¬ 
geon-general is appointed by the governor; the other 
superior officers are elected by the General Assembly. 


QUESTIONS ON CHAPTER' V. 

1. Who exercises the chief executive power of the state? 

2. When and how are the executive officers elected? 

3. Who are eligible to these offices? 

4. Name the salaries of the state officers. 

5. What are the military powers of the Governor? 

6. What has the Governor to do with law-making? 

7. Name some of the officers appointed by the Governor. 

8. Is his appointment final in these cases? 

9. With what department are most of the duties of the Lieuten¬ 
ant-Governor connected? 

10. Name the duties of the Treasurer. 

11. Whai are the duties of the Auditor of Accounts? 

12. Who is at the head of the school system of the state? 

13. Who has immediate direction of the schools in the counties? 

14. How are the different school officers elected? 

15. Give a complete outline of the school system of the state. 

16. Describe the state militia. 


i 




CHAPTER VI. 

JUDICIAL DEPARTMENT. 

The judicial powers of the state are vested in a 
Supreme Court, a Court of Chancery, a County Court 
in each county, a Probate Court in each probate dis¬ 
trict, and in Justices of the Peace in the several towns. 

Judges: how chosen. — All the judges of the dif¬ 
ferent courts are elected biennially. The judges of 
the supreme court, who are also chancellors for the 
state and exercise the powers of the court of chancery, 
are elected by the General Assembly. All of the other 
judges are elected at freemen’s meeting: the assistant 
judges of the county court, by the freemen of the re¬ 
spective counties; the judges of probate, by the free¬ 
men of the various probate districts; the justices of 
the peace, by the freemen of the respective towns. 
Each town elects from one to fifteen, according to its 
population. 

There are also municipal courts in some of the cities 
and larger towns, established by special acts of the 
Legislature, which prescribe the time and mode of elec¬ 
tion of the judges thereof. 

Salaries. —The salaries of the various judicial officers 
are fixed by law and have been changed from time to 
time. In some cases they are stated sums paid from 
the treasury of the state; in others they are made up 
in part or entire of fees for the particular services ren- 

41 


42 


CIVIL GOVERNMENT OF VERMONT. 


dered. At present the judges of the supreme court 
receive $3000 a year and $300 for expenses while 
absent from home on official business. They are for¬ 
bidden to receive any fees as judge or chancellor. 

Justice Courts. — A justice court may be held in 
any town by any justice of the county. This court 
has, in general, jurisdiction in civil cases where the 
sum involved does not exceed $200. Minor criminal 
cases may also be tried here and the penalty imposed. 
Persons charged with crime, the gravity of which is 
beyond the jurisdiction of this court, may yet be ar¬ 
rested upon its warrant, and if probable guilt is shown, 
either be released upon bail or committed to jail to 
await the action of a higher court. A suit before a 
justice shall be tried by jury at the request of either 
party, the jury in this case to consist of six persons. 
Civil cases involving a certain amount can be appealed 
to the county court. In criminal cases, if the decision 
of the court is against him, the accused can take an 
appeal to the county court, if demanded within two 
hours after the decision is rendered. 

Municipal Courts. — Municipal Courts are practi¬ 
cally justice courts with enlarged jurisdiction. An 
appeal can be taken from the municipal court to the 
county court, or a case may be carried directly to the 
supreme court on a question of law. 

Probate Courts. —The state is divided into twenty 
probate districts, in each of which is a probate court 
presided over by a single judge. Eight of the counties 
have each a single probate district and in the others 
there are two each. The probate court is held as often 
as once a month, and is open at all times for the trans- 


JUDICIAL DEPARTMENT. 


43 


action of ordinary business. It has the power to prove 
and establish or to disallow wills ; to select guardians 
for children under age, and for others who are for any 
legal reason incapable of managing their property; to 
settle the estates of deceased persons and wards; to 
consent to the adoption of children and to changes of 
names. Appeals are allowed from the probate courts 
to the county courts. 

Courts of Insolvency. — In the several probate dis¬ 
tricts are established courts of insolvency, and the 
judges and registers of probate are judges and registers 
of these courts. Sessions of these courts are held at 
the places for holding probate courts at such time as 
the judges appoint, and may be held at other places for 
the convenience of the public within the respective pro¬ 
bate districts. The business of this court is clearly 
indicated by its name. 

The County Court. —The County Court is the next 
higher court, and consists of one chief judge, who is a 
judge of the supreme court, and two assistant judges, 
any two of whom shall be a quorum, though one judge 
may try a case pending in such court when the other 
judges are disqualified to try such case. Two terms 
of each county court are held each year at the time and 
place fixed by law, and the chief judge of any county 
court may at his discretion order a special session of 
such court for the trial of criminal cases. 

A suit in a county .court may either be begun there, 
or it may have been appealed from a lower court. The 
county court has original and exclusive jurisdiction of 
all civil and criminal cases except such as can be legally 
tried by a justice of the peace, and appellate jurisdiction 


44 


CIVIL GOVERNMENT OF VERMONT. 


in all cases appealed from the lower court. Questions 
of law which may arise in the trial of a case in the 
county court may be carried to the supreme court for 
final decision. 

Court of Chancery. — Powers of the Court of Chan¬ 
cery are vested in a Chancellor. In this state the 
chancellors are the judges of the supreme court, who 
may also appoint special masters in chancery competent 
to try and determine the facts in issue. Two stated 
terms of the court of chancery are held annually in 
each county, commencing on the days appointed by 
law for holding the county court and to continue for 
such time as the court may direct. There may be as 
many adjourned and special terms as the state of 
business requires. Its sessions are held at the same 
place as the county court. This court has jurisdiction, 
among other things, of suits to foreclose mortgages, to 
enforce the specific performance of contracts, to compel 
the discharge of trust obligations, and to enjoin the 
commission of certain wrongs. Appeals can be taken 
to the supreme court. 

The Supreme Court. — The Supreme Court consists 
of one chief judge and six associate judges. One term 
of this court is held each year in each county at the 
times and places appointed by law, and one general term 
may be held each year at such time and place as seems 
to the judges most convenient. Four judges are as¬ 
signed to each county to hold the court thereof, any 
three of whom may legally try a case ; but no case shall 
be decided unless three judges who hear it concur in a 
decision. 

The supreme court tries and determines questions 


JUDICIAL DEPARTMENT. 


45 


of law brought up from the lower courts and corrects 
errors of law made therein. It also has exclusive juris¬ 
diction of such petitions not triable by jury as are by 
law brought before it; may issue certain writs and 
processes to inferior courts, to corporations, and to 
individuals, that may be necessary to the furtherance 
of justice and the execution of the laws. 

Naturalization. — By virtue of the laws of the United 
States, the county courts and municipal courts have 
power to naturalize aliens. 

The Reporter. — The Reporter is an officer appointed 
by the judges of the supreme court, who annually 
prepares the decisions of the court for publication and 
procure* the printing and binding of the same. 

United States Courts. — In the judicial department 
of the United States, Vermont, New York, and Con¬ 
necticut form the Second Circuit. Vermont consti¬ 
tutes by itself a single Judicial District. The circuit 
and district courts hold their regular sessions at Bur¬ 
lington, Rutland, and Windsor. 


QUESTIONS ON CHAPTER VI. 

1. In what is the judicial power of the state vested? 

2. How are the judges of the different courts elected? 

3. What cases can be tried in a justice court? 

4. What are the powers of a probate court ? 

5. What constitutes the county court? 

6. Of what does the Supreme Court consist? 

7. Where and when are the sessions of the Supreme Court held? 

8. What courts can naturalize aliens? 

9. What does Vermont constitute in the judicial system of the 
United States? 


INDEX. 


Allen, Ethan, 8, 9. 

Allen, Ira, 8, 13. 

Amendments, 15, 16; how made, 
29, 30. 

Assistant judges, 21, 41, 43. 

Auditor of Accounts, election and 
qualification, 31; salary, 32; du¬ 
ties, 35. 

Baker, Remember, 8. 

Ballot, election to be by, when, 19. 
Baum, General, 9. 

Bennington, granted by Governor 
Wentworth, 7; battle of, 9 ; 
county of, 21. 

Bill, of revenue, 26 ; first step in 
law-making, 28. 

Board of Agriculture, 33, 38. 

Board of Health, 33, 38. 

Bowker, Joseph, 12. 

Brush, Colonel, 9. 

Burgoyne, General, 9. 

Champlain, Samuel de, 5. 

Chancery, Court of, judges, 41; juris¬ 
diction, 44. 

Chimney Point, 6. 

Chittenden, Thomas, 8, 13. 

Cities, 20. 

Citizens, who are, 17. 

Clerk of the House, 26, 27. 
Committees of Safety, 8. 
Compulsory attendance at school, 37. 
46 


Congressional Districts, 23. 

Constitution, adoption of, 12, 13; 
groundwork of, 15; amendments 
to, 15,16; form, 16; how amended, 
29. 

Council, the, 14. 

Counties, 21. 

County Auditor, 21, 22. 

County Board of Education, 19, 21, 

37 - 

County Clerk, 21; duties, 22. 

County Commissioner, 21, 23. 

County Court, 43, 44, 45. 

County officers, 21 ; how elected, 
21; duties, 21. 

Declaration of Rights, 17. 

Discovery of territory, 5. 

Education, 36, 37, 38. 

Executive power vested in Governor, 
32 . 

Fay, Jonas, 12. 

Fish Commissioners, 39. 

Fort Dummer, 6, 7. 

Fort Frederick, 6, 9. 

Freemen’s Meeting, 18. 

French settlements, 6. 

General Assembly, first meeting, 14; 
place of meeting, 15; of what 
constituted, 24; sessions of, 27; 
power to make laws, 28; commit- 



INDEX. 


47 


tees of, 29; elects certain officers, 
29; can make amendments, 29, 

30 - 

Governor, the, 14; may adjourn 
General Assembly, 27, 34; chief 
executive officer, 31; election and 
qualifications, 31; salary, 32; 
military powers, 32; legislative 
powers, 32, 33; message, 33; 
appointing power, 33; pardoning 
power, 33; miscellaneous powers, 
34 - 

Grand List, 20. 

Green Mountain Boys, 8. 

Guilford, 7. 

Herrick, Colonel, 9. 

High Bailiff, 21, 22. 

House of Representatives, 14; con¬ 
sists of, 25; organization and 
officers, 25, 26; special powers, 
26; judge of the returns and 
qualifications of its own members, 
27; quorum of, 27; journal of, 
27 - 

Impeachment, 25. 

Insolvency, Court of, 43. 

Inspector of Finance, 33, 38. 

Judicial power, where vested, 41. 

Judges of Supreme Court, 29; how 
chosen, 41 ; salaries, 41, 42. 

Justice courts, 42. 

Justices of the Peace, 18, 19, 41. 

Legislative power, 24. 

Lieutenant-Governor, presides over 
Senate, 24; salary, 26; acts as 
Governor, 31, 34; other duties, 
34 - 

Listers, 19, 20, 39. 


Marsh, Joseph, 14. 

Militia, 32, 39; officers of, 40. 

Municipal courts, 41, 42, 45. 

Naturalization, 45. 

New Connecticut, 9. 

New Hampshire Grants, 7. 

New York, claims the territory, 7; 
submits question to George III, 
8; controversy with settlers, 8; 
portions of, under authority of 
Vermont, 14. 

Normal Schools, 38. 

Probate, Judges of, 21, 41; Court, 
42 , 43 - 

Railroad Commissioners, 33, 39. 

Reform Schools, 39. 

Residence, 18. 

Reporter of the Supreme Court, 45. 

Representatives, qualifications of, 
25, 26; election, 26; salary, 26. 

Revolutionary War, part of Ver¬ 
mont in, 9. 

School, officers, 19; system, 37. 

Secretary of State, duty in organiz¬ 
ing the House of Representatives, 
25, 26; election and qualifica¬ 
tion, 31; salary, 32; duties, 35, 
36 . 

Secretary of the Senate, 24, 27. 

Senate, 14, 24; of what composed, 
24; officers, 24; sole powers, 25; 
judge of the returns and qualifica¬ 
tions of its own members, 27; 
quorum of, 27; journal of, 27, 28. 

Senator, state, qualifications, 24, 26; 
election, term of office and salary, 
26; United States, how elected, 
29. 




48 


INDEX . 


Sergeant-at-arms, 27. 

Settlement, attempted, 5, 6; per¬ 
manent, 6, 7; rapid and pros¬ 
perous, 7. 

Sheriff, 21, 22. 

Speaker of the House of Represen¬ 
tatives, 26. 

St. Anne, 6. 

Stark, General, 9. 

State government, organization of, 
14. 

State’s attorney, 21; duties, 22. 

State Prison, 39. 

State Superintendent of Education, 
29, 36. 

Supervisor of Schools, how elected, 
21, 36; duties, 23, 36, 37. 

Supreme Court, 44, 45. 

Taxes, how assessed, 20. 

Ticonderoga, 9, 13. 

Town, 18, 19, 20. 

Town Agent, 19. 

Town Clerk, 19. 

Town Meeting, who can vote at, 17; 
time of holding and manner of 


conducting, 18,19; officers elected 
at, 19; voting, how, 19. 

Treasurer, state election, qualifica¬ 
tions, 31; salary, 32; duties, 34, 
35 - 

United States courts, 45. 

University of Vermont, 38. 

Vermont, 12; a sovereign state, 14; 
admitted into the Union, 14. 

Veto, 32. 

Villages, 20. 

Voters, in town meeting, 17; in 
freemen’s meeting, 18. 

Warner, Seth, 8, 9. 

Wentworth, Governor Benning, 

Westminster, settlement, 7; conven¬ 
tion at, 12. 

Williams, Colonel, 9. 

Windsor, convention at, 12, 13; first 
session of state government at, 14. 

Women, right to vote and hold office, 

17 - 












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